“One of the first things I’d do in terms of executive order, if I win, will be to sign a strong, strong statement that would go out to the country, out to the world, that anybody killing a police man, a police woman, a police officer, anybody killing a police officer, the death penalty is going to happen,”
Donald J Trump
At a Rally for the New England Police Benevolent Association in January 2016.

Trump is going to sign an Executive Order commanding the death penalty for all Cop killers.
Sounds decisive. Sounds Strong.

But,

Experts said the president does not have power to to create penal laws by executive order.

“There would have to be a law passed by Congress under any ordinary understanding of the power of the different branches,” said Sheri Johnson, a law professor at Cornell University.

AND, the Supreme Court decision Woodson vs. North Carolina, ruled that mandatory death penalty sentences are unconstitutional. The court ruled it violated “the fundamental right of humanity,” implied in the Eighth Amendment.

FURTHERMORE, the death penalty is largely a states issue. Of the 3,000 or so prisoners on death row, only 60 are in the federal system and only 32 states currently have the death penalty as an option.

FINALLY,, what Trump is promising does not fall under the jurisdiction of the president or executive branch.

“Ordinarily, the federal government can only act if it has an enumerated power on which to base its action,” Johnson said. “Criminal statutes have been struck down as outside the commerce power and the section 5 power of the 14th amendment.”


So, while you might agree with the idea of executing cop killers, Donald Trump has no idea what he is talking about, and no idea what his scope of powers are as president.

He might as well sign an EO commanding that all weekends be sunny.

 

Last edited by Goose (2/08/2017 10:37 am)