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Tom Rinaldo

(23,150 posts) Tue Aug 26, 2025, 09:48 AM Aug 26

Question: Has a new crime mandating prison time ever been created by an "Executive Order" before? [View all]

Is there any precedent for what Trump is attempting to do by decree regarding flag burning? I naively always thought that crimes were defined by statutes passed as legislation and legally signed into law by the appropriate executive.

I see coverage of how Trump's Executive Order defies a Supreme Court ruling, but nothing about the implications of one man deciding what behavior constitutes criminal behavior and then dictating what the penalty for that crime will be. Maybe I'm missing it.

19 replies

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Highlight:

Question: Has a new crime mandating prison time ever been created by an "Executive Order" before? [View all] Tom Rinaldo Aug 26 OP

My advice to any would be flag burners: johnnyfins Aug 26 #1

Excellent idea. Diamond_Dog Aug 26 #5

He'd probably "outlaw" that, as well. Aristus Aug 26 #13

Zero precedent sabbat hunter Aug 26 #2

There is precident. See below. marble falls Aug 26 #4

This message was self-deleted by its author Ars Longa Aug 26 #15

Yes. When Lincoln suspended Habeas Corpus rights and the Surpreme Court over overturned him ... marble falls Aug 26 #3

Thanks, I agree that it is relevant to this instance, but it seems to differ also Tom Rinaldo Aug 26 #7

He's just blovating. He's got to get laws enacted, etc., to go after many people. Personally, I'd just burn MAGA hats, Silent Type Aug 26 #6

I predict... Fiendish Thingy Aug 26 #8

The Japanese internment camps were created by executive order relayerbob Aug 26 #9

And clearly Unconstitutional, IMO Happy Hoosier Aug 26 #12

The Executive Order doesn't create a "new crime." onenote Aug 26 #10

Thanks. Are you citing from legislation passed by Congress? Tom Rinaldo Aug 26 #14

I'm quoting the executive order. onenote Aug 26 #16

President's cannot create law by decree. Period. NT Happy Hoosier Aug 26 #11

But kings can. John Farmer Aug 26 #19

Agent Orange is completely lawless and . . . peggysue2 Aug 26 #17

No hildegaard28 Aug 26 #18