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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: Freedom4US

What authorities are in the National Emergencies Act that prescribe a President can enact an emergency excluding war?


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

But the fundamental role of the US president is to execute policy, not to determine policy. Congress determines policy.


Right now there is no policy. Trump is trying to get them to pass policy, get it in the public domain and pass law. Watch, this has been his accusation and we will see it again.

Never forget that Trump is different and a patriot.


42 posted on 01/06/2019 5:07:40 PM PST by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: 2ndDivisionVet

Keep pushing him and find out!


43 posted on 01/06/2019 5:10:34 PM PST by maxwellsmart_agent (I)
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To: 2ndDivisionVet

No question that the Dems would file suits in courts of liberal judges who rule only on their political bias. However, since no Dem (politician or judge) knows squat about the Constitution, I’d say every one that says Trump doesn’t have the legal and Constitutional authority is wrong.


44 posted on 01/06/2019 5:11:34 PM PST by falcon99
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To: 2ndDivisionVet

Are these the same Democrats that doubted Trump could beat Hillary?


45 posted on 01/06/2019 5:20:04 PM PST by Maine Mariner
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To: 2ndDivisionVet

He can ignore the courts as well, as past presidents have done.

He can also stop funding those courts.


46 posted on 01/06/2019 5:29:29 PM PST by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: 2ndDivisionVet

Watch him.


47 posted on 01/06/2019 5:30:43 PM PST by beethovenfan (Mene, Mene, Tekel, Upharsin)
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To: MileHi

First they have to accomplish Post #4,


48 posted on 01/06/2019 5:32:11 PM PST by beethovenfan (Mene, Mene, Tekel, Upharsin)
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To: beethovenfan

More like “Hold my Diet Coke.”


49 posted on 01/06/2019 5:33:38 PM PST by hoagy62 (America Supreme!)
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To: 2ndDivisionVet

History needs to be taught again. Lawsuits? Judges? Overruling of the President in time of national emergency? ‘Fools need to read about Abraham Lincoln and the Civil War.


50 posted on 01/06/2019 5:52:27 PM PST by myerson
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To: HangnJudge

“where is the emergency”

I think that Trump can make a very good case for an emergency here, and everyone knows it. Indeed a better case than for any of the foreign interventions.

It also would be very difficult for a judge or the SC to appropriate the power and make the determination as to what constitutes a national defense emergency. The precedent set by a judge or SCOTUS that appropriates such power would be catastrophic.


51 posted on 01/06/2019 5:57:05 PM PST by grumpygresh (Abolish administrative law. It's regressive, medieval and unconstitutional!)
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To: servantboy777; Freedom4US

> Well within his powers. <

I don’t disagree with either of you. A solid case can be made that Trump has the power to declare a national emergency to build the wall. And I would be happy if he did so!

But he would be doing so without the explicit approval of Congress. Maybe that explicit approval is not necessary. But it would set a dangerous precedent.

Because the next Democrat president could then say, “Global warming is a real threat! So I declare a national emergency. And I’ll be making major changes on my own. I will not wait for the approval of Congress.”


52 posted on 01/06/2019 5:58:42 PM PST by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: 2ndDivisionVet

Build the wall 20 feet inside Mexico = no legal problems


53 posted on 01/06/2019 6:03:59 PM PST by cmj328 (We live here.)
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To: Leaning Right
Did $400 million dollar's in principal, and along with $1.3 billion in interest, {0bama paid to Iran, pallet's of cash} move the marker towards the Imperial Presidency end of the scale?

Inquiring minds want to know.

54 posted on 01/06/2019 6:04:20 PM PST by Stanwood_Dave ("Testilying." Cop's lie, only while testifying, as taught in their respected Police Academy(s).)
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To: grumpygresh
It also would be very difficult for a judge or the SC to appropriate the power and make the determination as to what constitutes a national defense emergency. The precedent set by a judge or SCOTUS that appropriates such power would be catastrophic.

They've already done it, with regard to the immigration bans of 2017. And it is catastrophic.

55 posted on 01/06/2019 6:04:57 PM PST by cmj328 (We live here.)
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To: cmj328

Not exactly. The immigration bans were not a national defense emergency. A judge over-ruling a troop deployment by defining what constutes a national emergency would be unprecedented.
This would give the judicial branch a veto over the CIC’s power. It would also mean that the judiciary would need to review every troop deployment and determine whether such a deployment would constitute an emergency.


56 posted on 01/06/2019 6:27:25 PM PST by grumpygresh (Abolish administrative law. It's regressive, medieval and unconstitutional!)
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To: Vaduz
Words of wisdom from all the people who passed Obamacare.

Obamacare passed both houses of Congress and was signed by the President. Suppose Obamacare had been defeated in the Hose, but President Obama declared that the unaffordabilty of healthcare was a "national emergency" and instituted single-payer healthcare by Executive Order. Do you think the courts could have intervened?

57 posted on 01/06/2019 6:34:16 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Mariner
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.

Annual U.S. trade with Mexico exceeds 600 Billion dollars. If that were all immediately halted, it would make the Great Depression look like a picnic.

58 posted on 01/06/2019 6:42:24 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Spok

“They’d ignite a world war if they thought it would hurt his approval rating.”
_______________________________________________________

Interesting that you should make this point.

Mentally-ill demon rat billionaire and presidential candidate Tom Steyer has said a nuclear war would be a good thing because it would get rid of Donald Trump.

Steyer is insane. What does he think such a war would do his precious environment, and to his home state of California? California would be engulfed in radio-active flames and would never recover. Large parts of America would suffer the safe fate.


59 posted on 01/06/2019 6:52:35 PM PST by july4thfreedomfoundation (President Trump is right! The media IS the enemy of the people!)
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To: july4thfreedomfoundation

Safe fate should be “same fate.”


60 posted on 01/06/2019 6:53:16 PM PST by july4thfreedomfoundation (President Trump is right! The media IS the enemy of the people!)
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