Friday, May 5, 2017

Once again Trump doesn't respect the separation of powers and states' rights

Donald Trump issued a "signing statement" essentially telling Congress he will not comply with the spending bill Congress passed, thus not respecting the separation of powers.

Congress added a provision in the spending bill banning the federal government from using federal funds to interfere with state laws legalizing medical and recreational marijuana. According to The Hill, Trump issued a statement saying he will not comply with the ban.

The statement says:

"Division B, section 537 provides that the Department of Justice may not use any funds to prevent implementation of medical marijuana laws by various States and territories. I will treat this provision consistently with my constitutional responsibility."

Trump doesn't have a constitutional responsibility against marijuana laws. He claims he does because marijuana is still illegal under federal law. But marijuana laws are part of the states' rights, which means the federal government has no right interfering with the implemantations of such laws where the federal government does not have legal jurisdiction.

But Marijuana wasn't the inly issue in which Trump told Congress he would not respect the separatio of powers. He also said he would not comply with the spending bill's order to require the federal government notice of military action and restricting the transfer of detainees from Guantanamo Bay. For both of those issues, Trump said he would treat them "consistently with my constitutional authority as Commander in Chief" and "consistent with my constitutional authority and duty as Commander in Chief to protect national security."

There's only with problem with that argument: it has already been struck down by federal courts twice when they blocked Trump's two Muslim bans. In both cases, Trump claimed constitutional authority to impose travel bans. But the courts said his executive orders were unconstitutional as they violated constitutional principles.

So if Trump wants to interefere with marijuana laws, he would be interfering with state's rights, which is unconstitutional. And as per informing Congress about military action, that could also be a legal problem for trump depending on the situation.

Regardless, what's clear here is the fact that Trump is acting, once again, like a dictator.


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