On American Semi-Totalitarianism

13 Pages Posted: 21 May 2013 Last revised: 1 Aug 2014

Date Written: August 1, 2014

Abstract

Public officers of the United States and of the states think that they may turn constitutional rights on and turn them off, as this public officer or that public officer sees fit.

One on-off switch is labeled “lockdown.” Supposedly, a lockdown requires everyone to stay indoors until permitted go outside.

Another on-off switch is labeled “state of emergency.” Supposedly, a state of emergency requires people to leave their residences, whether houses or apartments, and thereby enable looters to plunder those residences.

No law supports declaration of a lockdown, and no law supports declaration of a state of emergency. Regardless, police officers will arrest a so-called citizen who disregards a lockdown or a state of emergency.

With or without a law, the judiciary, which habitually invents constitutional doctrines, will uphold governmental authority to impose lockdowns and to impose states of emergency.

It will not matter to the judiciary that no constitutional clause authorizes suspension of the United States Constitution. Compare the Weimar Constitution, which authorized the exercise of emergency powers.

From 1933 through 1978, under former laws, the United States was subject to never-ending national emergencies. Nowadays, national emergencies, some long-term, are declared pursuant to the International Emergency Economic Powers Act.

Lockdowns, states of emergency, and national emergencies are among the attributes of contemporary American semi-totalitarianism.

Refusal of public officers to repudiate American semi-totalitarianism reveals that the next terrorist attack in the United States will be used by public officers to bring about complete American totalitarianism.

Keywords: courts, educrats, habeas corpus, limited government, Miranda, national emergency, Patriots Day, terrorism, university, Weimar Republic

JEL Classification: K10, K14, K40, K42

Suggested Citation

Kruger, Stephen, On American Semi-Totalitarianism (August 1, 2014). Available at SSRN: https://ssrn.com/abstract=2267992 or http://dx.doi.org/10.2139/ssrn.2267992

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