Levitsky, said the administration – spearheaded by Stephen Miler, the powerful White House deputy chief of staff – had adopted a practice of declaring emergencies to acquire potentially dictatorial powers.
“In the US constitution, almost every existing constraint on executive power can be circumvented in a state of emergency,” he said. “And it’s becoming clear that the administration is learning that emergencies are the easiest route to circumvent the law and not be blocked by the courts. The supreme court is very reluctant to say, ‘No, that’s not an emergency, Trump, you lied. You made that up.’ It’s sort of a free pass for circumventing the rule of law.”
The White House used economic emergency legislation to impose sweeping trade tariffs, while invoking the 1798 Alien and Sedition Act, passed in anticipation of a war with France, to justify summarily deporting alleged Venezuelan gang members. Miller repeatedly called last week’s protests in Los Angeles an “insurrection”, implicitly justifying the invocation of the Insurrection Act, which enables a president to use military forces to quash a rebellion on US soil.
Writing in the Atlantic, David Frum, an anti-Trump conservative commentator, warned that the penchant for emergencies could be applied to next year’s congressional elections, when the Democrats hope to regain control of the House of Representatives, an outcome that could curtail his authoritarian power grab.