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Dems doubt that Trump can declare emergency to build border wall
Yahoo! Finance ^ | January 5, 2019 | Staff

Posted on 01/06/2019 3:19:59 PM PST by 2ndDivisionVet

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To: 2ndDivisionVet

Use the military funds freed up by bringing soldiers home from abroad. That was estimated to cost 45 billion a year, and the wall price tag was 5.6.


21 posted on 01/06/2019 3:47:55 PM PST by tbw2
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To: Leaning Right

Can Trump pass an EO that stops aid to Mexico?

Isn’t Congress aiding the enemy?


22 posted on 01/06/2019 3:48:00 PM PST by oldasrocks
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To: 2ndDivisionVet

So President Trump announces that the government remains closed while the Dims’ lawsuit winds its way through the court system.


23 posted on 01/06/2019 3:49:12 PM PST by savedbygrace
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To: Leaning Right

You’re not making any sense. Congress has enacted thousands of laws at the federal level, the president is well within his purview to declare a national emergency to effect that these laws are carried out. That’s his job, in fact, because he is the commander in chief, the chief executive, the justice department and a gazillion other federal agencies are headed by the president.

It is true there have been a series of feckless asshats occupying the White House for decades, and Americans have become inured to a spineless, ineffectual congress and worthless administrators at every level, state, local as well as federal.

A large number of the many serious issues facing the nation are essentially self inflicted or the result of a long line of people failing their sworn oath of office. It may not be an easy job, but it is pretty simple. The best part of the Trump era has been exposing how many worthless &$@ks in both parties there really are. It is staggering. There are some fine legislators and public servants, but not enough of them. It is a scandal of epic proportion and is intolerable.


24 posted on 01/06/2019 3:49:38 PM PST by Freedom4US
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To: VideoPaul

Dems can’t find their butt holes with both hands and a flashlight.

In Times Square, at high noon, with pre printed instructions, and a seeing eye dog.


25 posted on 01/06/2019 3:53:34 PM PST by GoldenPup
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To: damper99

“John Marshall has made his decision; now let him enforce it!” Andrew Jackson, Worcester v Georgia, 1832.


26 posted on 01/06/2019 3:54:29 PM PST by technically right
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To: damper99
I can't understand why there aren't conservative judges lying in wait to shoot down everything the Democrats do.

Why is it always a one-sided game?

27 posted on 01/06/2019 3:55:00 PM PST by daler
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To: Leaning Right

The executive branch constitutionally holds the power to declare a national emergency. Trump’s lawyers have briefed him regarding this.

Think of terror attacks, pandemics, natural disasters, foreign invasion...all of these the president has the constitutional authority to declare a national emergency and deploy the military.

Well within his powers.


28 posted on 01/06/2019 3:59:04 PM PST by servantboy777
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To: daler

Law schools, and the legal theory taught there. Any actual Originalist who survived law school would have to be self-taught and would have learned to be very quiet about it if ambitious.


29 posted on 01/06/2019 4:00:25 PM PST by jjotto (Next week, BOOM!, for sure!)
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To: VideoPaul

what do you think is holding the flashlight?


30 posted on 01/06/2019 4:04:34 PM PST by Soros Billions (Gore is a pussy, Hillary : There's a man for ya)
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To: damper99

“Yep, they already have a federal judge lined up to stop such a declaration.”

So what? Ultimately they’ll have to make their case to SCOTUS where they’ll have this law to deal with:

Ҥ2808. Construction authority in the event of a declaration of war or national emergency

(a) In the event of a declaration of war or the declaration by the President of a national emergency in accordance with the National Emergencies Act (50 U.S.C. 1601 et seq.) that requires use of the armed forces, the Secretary of Defense, without regard to any other provision of law, may undertake military construction projects, and may authorize the Secretaries of the military departments to undertake military construction projects, not otherwise authorized by law that are necessary to support such use of the armed forces. Such projects may be undertaken only within the total amount of funds that have been appropriated for military construction, including funds appropriated for family housing, that have not been obligated.

(b) When a decision is made to undertake military construction projects authorized by this section, the Secretary of Defense shall notify, in an electronic medium pursuant to section 480 of this title, the appropriate committees of Congress of the decision and of the estimated cost of the construction projects, including the cost of any real estate action pertaining to those construction projects.

(c) The authority described in subsection (a) shall terminate with respect to any war or national emergency at the end of the war or national emergency.”

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2808&num=0&edition=prelim


31 posted on 01/06/2019 4:04:50 PM PST by ScottfromNJ
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To: jjotto

Congress gets kickbacks from the enemy.


32 posted on 01/06/2019 4:06:35 PM PST by Col Frank Slade
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To: 2ndDivisionVet

Fine.

Then declare a national emergency over all the drugs, human trafficking and criminals crossing the border unhindered.

Show the statistics to the American people on incarceration rates, welfare rates and disease. And the total count of murder/rape...all felonious crime. With the statement than NONE of the crimes would have occurred if those people had not entered the US illegally.

And completely seal the US Border with Mexico, allowing no persons or goods to transit in either direction. And use the US Army to enforce the closure.

Democrats are about to chase POTUS Trump into the briar patch.


33 posted on 01/06/2019 4:12:30 PM PST by Mariner (War Criminal #18)
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To: VideoPaul

There to busy counting the money they are getting under the table


34 posted on 01/06/2019 4:16:52 PM PST by Bailee
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To: VideoPaul

There to busy counting the money they are getting under the table


35 posted on 01/06/2019 4:16:53 PM PST by Bailee
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To: ScottfromNJ

Simple. John Roberts will rewrite that law like he did with Obama care or call throw it out as unconstitutional. The laws will mean what activist judges want them to mean.


36 posted on 01/06/2019 4:17:22 PM PST by damper99 (pu)
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To: tbw2

I have been wondering about this.

More troops coming home to work on the wall as well.


37 posted on 01/06/2019 4:19:41 PM PST by Bailee
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To: Leaning Right

Congress already voted for a wall. The issue is funding.


38 posted on 01/06/2019 4:22:11 PM PST by justa-hairyape (The user name is sarcastic. Although at times it may not appear that way.)
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To: 2ndDivisionVet
...... Perhaps when the 15,000 Caravan of wannabe Democrat voters hits the Southern Mexican border might be an opportune time to declare a State of Emergency for our Southern Border. The Border cities and towns in Mexico are already in a state of emergency ... Luckily the new Mexican President is taking a proactive approach to helping the Border cities and towns ....

Mexican Pres. Bows to Trump. Announces 2,000-Mile ‘Zone’ To Help Stop Illegals

39 posted on 01/06/2019 4:24:22 PM PST by R_Kangel ("A nation of sheep will beget a nation ruled by wolves")
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To: 2ndDivisionVet

Active discussion on ZeroHedge
https://www.zerohedge.com/news/2019-01-06/key-democrat-admits-trump-has-authority-declare-national-emergency-build-wall

Democratic Rep. Adam Smith (D-WA), chair of the House Armed Services Committee, admitted that President Trump has the authority to declare a national emergency and have the military build a wall along the US-Mexico border.

ABC’s “This Week” host George Stephanopoulos asked Smith “Does President Trump have the ability, have the authority to declare a national emergency and have the military build his wall?”

“Well, unfortunately, the short answer is yes,” replied Smith. “There is a provision in the law that says the president can declare an emergency. It’s been done a number of times, but primarily it’s been done to build facilities in Afghanistan and Iraq. In this case, I think the president would be wide open to a court challenge saying, where is the emergency? You have to establish that in order to do this. Beyond that, this would be a terrible use of Department of Defense dollars.”


40 posted on 01/06/2019 4:32:19 PM PST by HangnJudge
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