Morsi sought to influence the drafting of a new constitution of Egypt. Morsi favored a constitution that protects civil rights and enshrined Islamic law.[70]
On 10 July 2012, Morsi reinstated the Islamist-dominated parliament that was disbanded by the Supreme Constitutional Court of Egypt on 14 June 2012. According to Egypt's official news agency, Morsi ordered the immediate return of legislators elected in 2011, a majority of whom are members of Morsi's Freedom and Justice Party and other Islamist groups.[73][74] A Morsi spokesman announced that the president-elect would appoint a Christian and a woman as vice-presidents,[75] but eventually appointed Mahmoud Mekki, a Muslim man.
Morsi also objected to a constitutional provision limiting presidential power.[79]
On 12 August 2012, Morsi asked Mohamad Hussein Tantawi, head of the country's armed forces, and Sami Hafez Anan, the Army chief of staff, to resign.[81] He also announced that the constitutional amendments passed by the Supreme Council of the Armed Forces (SCAF) restricting the president's powers would be annulled.[82] Morsi's spokesman, Yasser Ali, announced that both Tantawi and Anan would remain advisers to the president. Morsi named Abdel Fattah el-Sisi, who was then serving as chief of military intelligence, as Egypt's new defense minister.[83] The New York Times described the move as an "upheaval" and a "stunning purge", given the power that SCAF had taken after the fall of Mubarak.[83] Al Jazeera described it as "escalating the power struggle" between the president and military.[82] On 14 August 2012, Mohamed Salem, an Egyptian lawyer, filed a legal challenge over Morsi's removal of Tantawi and Anan, arguing that Morsi planned to bring back the totalitarian regime.[84]
Morsi fired two more high-rank security officials on 16 August 2012: intelligence chief Murad Muwafi the Director of the Intelligence Directorate and the commander of his presidential guards.[85]
On 19 October 2012, Morsi traveled to Egypt's northwestern Matrouh in his first official visit to deliver a speech on Egyptian unity at el-Tenaim Mosque. Immediately prior to his speech he participated in prayers there where he openly mouthed "Amen" as cleric Futouh Abd Al-Nabi Mansour, the local head of religious endowment, declared, "Deal with the Jews and their supporters. Oh Allah, disperse them, rend them asunder. Oh Allah, demonstrate Your might and greatness upon them. Show us Your omnipotence, oh Lord." The prayers were broadcast on Egyptian state television and translated by MEMRI. Originally MEMRI translated the broadcast as "Destroy the Jews and their supporters. Oh Allah, disperse them, rend them asunder," but later revised their translation.[88][89]
On 22 November 2012, Morsi issued a declaration purporting to protect the work of the Constituent Assembly drafting the new constitution from judicial interference. In effect, this declaration immunises his actions from any legal challenge. The decree states that it only applies until a new constitution is ratified.[91] The declaration also requires a retrial of those accused in the Mubarak-era killings of protesters, who had been acquitted, and extends the mandate of the Constituent Assembly by two months. Additionally, the declaration authorizes Morsi to take any measures necessary to protect the revolution. Liberal and secular groups walked out of the constitutional Constituent Assembly because they believed that it would impose strict Islamic practices, while members of the Muslim Brotherhood supported Morsi.[92]
The move was criticized by Mohamed ElBaradei who said Morsi had "usurped all state powers and appointed himself Egypt's new pharaoh".[93][94] The move led to massive protests and violent action throughout Egypt,[95] with protesters erecting tents in Tahrir Square, the site of the protests that preceded the resignation of Hosni Mubarak. The protesters demanded a reversal of the declaration and the dissolution of the Constituent Assembly. Those gathered in the square called for a "huge protest" on 27 November.[96] Clashes were reported between protesters and police.[97] The declaration was also condemned by human rights groups such as Amnesty International, Human Rights Watch and Freedom House.[98][99][100][101] Egypt's highest body of judges decried the ruling as an "unprecedented assault on the independence of the judiciary and its rulings".[102] Abdel Meguid Mahmoud, a prosecutor appointed by Hosni Mubarak, declared the decree "null and void".[91] Morsi further emphasized his argument that the decree is temporary, and said he wanted dialog with the opposition.[103] Morsi's statement failed to appease either the judges or citizenry dissatisfied with his decision and sparked days of protests in Tahrir Square.[104]
On 8 December 2012, Morsi annulled his decree which had expanded his presidential authority and removed judicial review of his decrees, an Islamist official said, but added that the effects of that declaration would stand.[11][107][109][110][111][112] A constitutional referendum was still planned for 15 December. George Isaac of the Constitution Party said that Morsi's declaration did not offer anything new, the National Salvation Front rejected it as an attempt save face, and the 6 April Movement and Gamal Fahmi of the Egyptian Journalists Syndicate said the new declaration failed to address the "fundamental" problem of the nature of the Assembly that was tasked with drafting the constitution.[11]