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this post was submitted on 28 Nov 2023
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The thing is that, largely, government works because people all just kind of agree that it should. If a president says "I'm suspending the Constitution to deal with an emergency", what happens next? We have a bunch of masked fascists, at high levels in government and in Washington think tanks, who would talk a lot about the unitary executive theory. It would be presented as a done deal, as if there was no question that it was legal. Who would step in to stop it? In the best case scenario, we would have a major constitutional crisis, that would eventually get worked out between the courts, the press, the public, and hopefully some courageous civil servants. In the worst case, it would straight up end our democracy. Somewhere in between lies civil war, and whatever that leads to. If suspension is explicitly forbidden, it gets a lot harder to defend, and makes the best case scenario a lot more likely.
I'm less sure about the value of background checks for presidents. I'm not sure some routine background check would unearth anything that the other side's oppo-research wouldn't. But hey, can't hurt. I'm guessing the intelligence agencies are already digging up everything they can find; making that an official requirement and publicly reported before the election might be really beneficial, not only directly, but also to prevent rogue officials from keeping the dirt to themselves and using it against a sitting president.
There is no way to make any of this work. Nobody should have any power. (edited)
It doesn't look like Trump plans to discuss his way out of the constitutional crisis:
https://www.thedailybeast.com/donald-trump-mulling-deploying-military-to-streets-on-day-1-if-elected-report-says