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Dismiss the Wall Complaint - non-justiciable issue
Feb 27, 2019 | Street Lawyer

Posted on 02/27/2019 8:54:17 AM PST by street_lawyer

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1 posted on 02/27/2019 8:54:17 AM PST by street_lawyer
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To: street_lawyer

Thanks very much for this.


2 posted on 02/27/2019 8:59:55 AM PST by tomkat
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To: street_lawyer
If the Courts were to intervene under these circumstances and end the emergency it would in essence be overriding the procedure designed by Congress to deal with the issue.

Bingo.

3 posted on 02/27/2019 9:00:53 AM PST by Jeff Chandler (We are in the midst of a Cold Civil War.)
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To: Jeff Chandler

“Plaintiff States collectively stand to lose millions in federal funding that their national guard units receive for domestic drug interdiction and counter-drug activities, and millions of dollars received on an annual basis for law enforcement programs from the Treasury Forfeiture Fund, harming the public safety of Plaintiff States.”

I believe their argument is moot. The wall
is being built to address and support
the stated concerns. I’m curious to know
if any of the states objecting have
placed national guard troops on the
border.


4 posted on 02/27/2019 9:35:46 AM PST by Lean-Right (Eat More Moose)
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To: street_lawyer

Throw all reason and objective truth out the window.

5 justices can do what they want to do.

7-2 decided we could kill babies.
5-4 decided we had to buy a product from a private company or have our money taken by force.
5-4 decided our property wasn’t really our property.


5 posted on 02/27/2019 9:38:27 AM PST by Macoozie (Handcuffs and Orange Jumpsuits)
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To: tomkat

The question in my mind is whether the border situation is an “emergency”.

Without trying to define “emergency”, we have a problem that will become totally out of control if we let it grow.

The damage would be as catastrophic as a military invasion would be.

It is extremely important (an emergency) that we take control of the border immediately.


6 posted on 02/27/2019 9:42:51 AM PST by cymbeline
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To: street_lawyer

Last I checked the military reports to the Commander-In-Chief alone. There is no court in the chain of command. Trump needs to double down on this with direct orders to build without ceasing, despite any court orders.


7 posted on 02/27/2019 10:08:50 AM PST by SENTINEL (Kneel down to God. Stand up to tyrants. STICK TO YOUR GUNS !)
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To: cymbeline

Is cancer an emergency? Well lack of border control is exactly like a cancer going untreated. It can only get worse.


8 posted on 02/27/2019 10:33:52 AM PST by Robert DeLong
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To: Robert DeLong

“lack of border control is exactly like a cancer going untreated”

Exactly.

Didn’t the Trump administration declare our illegal drug problem an emergency or words to that effect? The border situation is part of that ‘emergency’.


9 posted on 02/27/2019 12:42:20 PM PST by cymbeline
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To: Macoozie

Throw all reason and objective truth out the window.

5 justices can do what they want to do.

7-2 decided we could kill babies.
5-4 decided we had to buy a product from a private company or have our money taken by force.
5-4 decided our property wasn’t really our property.

While what you say may be true, it’s no reason to stop wearing a MEGA hat


10 posted on 02/27/2019 1:56:12 PM PST by street_lawyer
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To: Lean-Right

“Plaintiff States collectively stand to lose millions in federal funding that their national guard units receive for domestic drug interdiction and counter-drug activities, and millions of dollars received on an annual basis for law enforcement programs from the Treasury Forfeiture Fund, harming the public safety of Plaintiff States.”

I believe their argument is moot. The wall
is being built to address and support
the stated concerns.

BRILLIENT REASONING! You get an A+


11 posted on 02/27/2019 1:58:01 PM PST by street_lawyer
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To: street_lawyer

“Plaintiff States collectively stand to lose millions in federal funding that their national guard units receive for domestic drug interdiction and counter-drug activities, and millions of dollars received on an annual basis for law enforcement programs from the Treasury Forfeiture Fund, harming the public safety of Plaintiff States.”

I believe their argument is moot. The wall
is being built to address and support
the stated concerns.

BRILLIENT REASONING! You get an A+
it’s also Brilliant as well lol


12 posted on 02/27/2019 1:59:18 PM PST by street_lawyer
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To: street_lawyer; Macoozie; Lean-Right

The Constitution famously set up checks between the branches.

Thanks to the 17th Amendment, Congress doesn’t have the will to use their available checks against a runaway judiciary.

The practical fact is, Scotus is despotic. There is no Constitutional limit to its diktats.

Start with repeal of the 17A. Article V.


13 posted on 02/27/2019 4:07:46 PM PST by Jacquerie (ArticleVBlog.com)
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To: cymbeline

Trumps declaration on drugs (thru the
dept of health) is a separate declaration.
It’s already funded from the war on drugs.

https://www.whitehouse.gov/opioids/


14 posted on 02/27/2019 10:25:28 PM PST by Lean-Right (Eat More Moose)
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To: street_lawyer

There’s one other point to make.
Trump has already declared a national
emergency on the opioid epidemic.
https://www.whitehouse.gov/opioids/
For the rats to claim that moving money
from the military defense budgets creates
a hardship on the enforcement of drug
interdiction, it is not true. The money
is there for the opioid emergency declaration.
I believe it’s funded thru the dept of health.


15 posted on 02/27/2019 10:38:12 PM PST by Lean-Right (Eat More Moose)
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To: street_lawyer

That’s OK...I’ve known a few brillient
people who couldn’t spell worth a hoot.
I’ve seen Los Alamos scientists with
taped up eye glasses, staring at beer
bottles.


16 posted on 02/27/2019 11:03:18 PM PST by Lean-Right (Eat More Moose)
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To: street_lawyer
The courts must defer to procedure designed by Congress to resolve disputes as between the Article I and Article II branches of government.

The question here is what happens if the procedure designed by Congress leads to a conclusion unfavorable to Democrats? We all know what happens next: Democrats run to the courts to overturn the results of that procedure.

Results that are unfavorable to Democrats are, by definition, illegitimate and must be corrected by any means necessary.

-PJ

17 posted on 02/28/2019 12:07:34 AM PST by Political Junkie Too (The 1st Amendment gives the People the right to a free press, not CNN the right to the 1st question.)
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To: Lean-Right

“It’s already funded from the war on drugs”

You said it: “The war on drugs”. My point is that our drug problem is already being called a war. Our border problem with drugs is therefore a war. Certainly a war is an emergency.


18 posted on 02/28/2019 4:30:14 AM PST by cymbeline
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To: Political Junkie Too

Since as you say the courts are so corrupt that whatever the democrats want they get, then what do you suggest that conservatives do about it?


19 posted on 02/28/2019 6:57:30 AM PST by street_lawyer
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To: Macoozie

Since the courts can only control the outcome if the states that are enacted are not specific the solution is always the same. The Constitution provides for governance that represents citizens. Apparently we have the kind of governance we have because this is what people want. Who’s mainly responsible for molding public opinion?


20 posted on 02/28/2019 7:02:21 AM PST by street_lawyer
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