Posted on 02/18/2019 6:38:41 PM PST by usafa92
The Trump 2020 campaign is highlighting examples of the president keeping his promises, advisory board member Marc Lotter says.
The attorneys general of California, New York, and 14 other states on Monday filed a lawsuit in the Ninth Circuit against the White House's recent national emergency declaration over border security, claiming President Trump has "veered the country toward a constitutional crisis of his own making."
President Trump sarcastically had predicted the lawsuit last week. He's slammed the Ninth Circuit multiple times as "disgraceful" and politically biased.
The litigation, brought before a federal trial court in the Northern District of California, seeks an injunction to prevent Trump from shifting billions of dollars from military construction to the border without explicit congressional approval. The suit also asks a court to declare Trump's actions illegal, arguing that Trump showed a "flagrant disregard of fundamental separation of powers principles engrained in the United States Constitution" by violating the Constitution's Presentment and Appropriations Clauses, which govern federal spending.
The litigation additionally includes allegations that Trump is violating the National Environmental Policy Act, by planning to build a wall that could impact the environment without first completing the necessary environmental impact reports.
The states contend they have standing to sue the administration largely because, they allege, the federal funds could have been spent on their defense. "Maine is aggrieved by the actions of Defendants and has standing to bring this action because of the injury to the State and its residents caused by Defendants’ reduction of federal defense spending in Maine due to diversion of funding to the border wall," one section of the suit reads.
(Excerpt) Read more at foxnews.com ...
This is why Trump should declare that the judiciary has no say in the response to national emergency. The code below gives congress the responsibility for checks and balances on emergency declarations. They can overrule with joint resolution.
You can’t ensure national security when your response is subject to judicial fiat of 1 or 3 judges.
Cal announced they will file a suit against the declaration. The governor says it interferes with their drug interdiction program (LOL),
no standing for a court or state to over turn an emergency decree. Only congress. But Trump’s stamens this morning indicates he will go through the court process possibly delaying construction till he loses the election.
The court should spank Pelosi and send her back to the house without supper. Below is her recourse.
If he cannot build more than 55 miles, he will not be re-elected.
The president should put the court on notice that they have no standing in national emergencies. The check and balance on the president’s emergency powers is the congress. You can’t respond to emergencies when any judge can overrule your actions.
The congress can terminate a president’s emergency declaration. THAT is the check and balance on presidential power. Trump should tell the court, you have no jurisdictions for emergencies. The country cannot respond to emergencies on the basis of judicial fiat.
HERE IS SOME INFO.
What the Law Does
The NEA authorizes the president to declare a national emergency, which declaration activates emergency powers contained in other federal statutes.3 During the 2009 H1N1 influenza pandemic, the president’s declaration of a national emergency under the NEA, coupled with the HHS secretary’s prior determination of a public health emergency under Section 319 of the Public Health Service Act (PHSA), permitted the activation of Social Security Act (SSA) Section 1135 waiver authorities. (See Figure A for the text of the 2009 H1N1 NEA declaration.)
How the Law Works
The NEA does not provide any specific emergency authority on its own, but relies on emergency authorities provided in other statutes. A national emergency declaration allows for the activation of these other statutory authorities. Emergency statutory provisions are not activated automatically, however; they must be specifically identified in the president’s declaration before these authorities may be given effect.
Declaration
NEA Section 201 authorizes the president to declare a national emergency. The proclamation of a national emergency must be immediately transmitted to Congress and published in the Federal Register.1,2 Under NEA Section 301, statutory emergency authorities enabled by the national emergency declaration cannot be exercised until the president specifies the provisions of law under which the president or other officials will act. Such specification may be made either in the declaration or in subsequent Executive Orders published in the Federal Register and transmitted to Congress.
Termination
A national emergency can be terminated if the president issues a proclamation or if Congress enacts a joint resolution terminating the emergency. A national emergency will terminate automatically upon the anniversary of the proclamation unless the president renews the proclamation by transmitting notice to Congress within a 90-day period prior to the anniversary date and publishing it in the Federal Register.
Immunity and Liability Issues
The national emergency provisions of the NEA do not address liability issues or provide any immunity. The act could be used to activate emergency authorities in other federal statutes that provide immunity during emergency events.
How the Law Affects States
National emergency declarations under the NEA can impact states through the federal statutory emergency authorities activated once the NEA declaration is made. The most recent example of this effect was the activation of SSA Section 1135 waiver authority during the H1N1 influenza pandemic.
FIGURE A
DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE 2009 H1N1 INFLUENZA PANDEMIC
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
October 24, 2009
“NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, including sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.) and consistent with section 1135 of the Social Security Act (SSA), as amended (42 U.S.C. 1320b-5), do hereby find and proclaim that, given that the rapid increase in illness across the Nation may overburden health care resources and that the temporary waiver of certain standard Federal requirements may be warranted in order to enable U.S. health care facilities to implement emergency operations plans, the 2009 H1N1 influenza pandemic in the United States constitutes a national emergency. Accordingly, I hereby declare that the Secretary may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children’s Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the 2009 H1N1 influenza pandemic. In exercising this authority, the Secretary shall provide certification and advance written notice to the Congress as required by section 1135(d) of the SSA (42 U.S.C. 1320b-5(d)).”4
“...All blue states. All the more reason not to vote Dem at the state level....”
Amen to that. I wouldn’t vote Dem at the dog catcher level.
How do New York and Maine get to file in the Ninth Circuit ?
from lexisnexis
A joint resolution, H.J. Res. or S.J. Res., is a legislative proposal that requires the approval of both Chambers and the signature of the President, just as a bill does, in order to have the force of law.
Joint resolutions from each House are assigned a number in the order in which they are introduced. Joint resolutions may be introduced in either Chamber and generally are used for limited matters such as continuing or emergency appropriations or the designation of a commemorative holiday.
There is little practical difference between bills and joint resolutions, although only a joint resolution may be used to propose amendments to the Constitution. In the case of a Constitutional amendment, the signature of the President is not required, but three-quarters of the states must ratify the proposed amendment before it can become part of the Constitution.
Prior to the 77th Congress (1941), laws enacted by joint resolutions were numbered separately from bills in the Statutes at Large, but since that time there has been no distinction made between laws that were introduced as bills and laws that were introduced as joint resolutions.
That did not happen.
step are represented in congress by senators. That IS their recourse to challenge an emergency declaration
STATES are represented by senators
Trump also has the Constitutional OBLIGATION to protect our nation from enemies foreign and domestic.
So NY sues in the 9th. Pretty brazen Judge shopping wouldn’t one say?
But Roberts said there’s no such thing as liberal courts.
They have no standing.
The fastest track to the SCOTUS is via the 9th. Most over turned court in the country.
Ninth circuit= liberal judicial trash can
And when they rule against him, the President should immediately Rescind Every Emergency Order put in place by the Marxist Muslim Petulant Man Child, Bath House barry
“I think POTUS is trying to get this to SCOTUS as quickly as possible. Get it settled ASAP free up more money and keep building the wall. Watch the Dems stall when the court try’s to block it.”
Actually I have been suspecting that Trump has been delaying until he could get another nomination to the USSC. Since RBG is out and about again, that prospect apparently is not in the cards for the near term future, and perhaps Trump decided not to wait, since the USSC has been deciding his way on immigration issues anyway.
Examples:
Experts: Legal challenges to Trump emergency declaration face uphill battle
The Law Will Be on Trump’s Side If He Declares an Emergency to Fund The Wall
STATE OF CALIFORNIA
STATE OF COLORADO
STATE OF CONNECTICUT;
STATE OF DELAWARE;
STATE OF HAWAII;
STATE OF ILLINOIS;
STATE OF MAINE;
STATE OF MARYLAND;
ATTORNEY GENERAL DANA NESSEL ON BEHALF OF THE PEOPLE OF MICHIGAN;
STATE OF MINNESOTA;
STATE OF NEVADA;
STATE OF NEW JERSEY;
STATE OF NEW MEXICO;
STATE OF NEW YORK; STATE OF OREGON;
COMMONWEALTH OF VIRGINIA
v.
DONALD J. TRUMP,
in his official capacity as President of the United States of America;
UNITED STATES OF AMERICA;
Trump has not moved any military construction money. It is his intent to do this in the last phase of his plan. It doesn't how many states run about with sound and fury, they can't ask the Courts to intervene until he actually does it. I think something that the courts call, "the matter is not yet ripe"
As for the emergency itself, it doesn't spend any money. Trump will use other statutes to do that. So either all of this was prepared before Trump announced the emergency and were, therefore, guessing; or they are not really serious.
“Maine is aggrieved by the actions of Defendants and has standing to bring this action because of the injury to the State and its residents caused by Defendants’ reduction of federal defense spending in Maine due to diversion of funding to the border wall,” one section of the suit reads.”
“The Russians Are Coming! The Russians Are Coming!” was just a movie, not a realistic threat to Maine.
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