Posted on 02/19/2019 6:55:31 AM PST by centurion316
House Speaker Nancy Pelosi and Senate Democratic Leader Chuck Schumer claim that President Donald Trump’s Southern Border National Emergency Proclamation is an unlawful declaration over a crisis that does not exist, and that it steals from urgently needed defense funds — that it is a power grab by a disappointed president who has gone outside the bounds of the law to try to get what he failed to achieve through the constitutional legislative process.
In fact, this isn’t about the Constitution or the bounds of the law, and — in fact — there is a very real crisis at the border, though not necessarily what Trump often describes. It helps to understand a bit of the history of “national emergencies.”
As of 1973, congress had passed more than 470 statutes granting national emergency powers to the president. National emergency declarations under those statutes were rarely challenged in court.
In Youngstown Sheet & Tube Co. v. Sawyer, ... the Supreme Court overturned President Harry S. Truman’s proclamation seizing privately owned steel mills to preempt a national steelworker strike ...
Trump, however, is using specific statutory authority that congress created for the president.
In 1976, Congress passed the National Emergencies Act (NEA), which permits the president to declare a national emergency when he considers it appropriate to do so. The NEA does not provide any specific emergency authorities. It relies on emergency authorities provided in other statutes. The declaration must specifically identify the authorities that it is activating.
The president must:
Specify the provisions of law under which he intends to act;
Transmit the declaration to congress immediately and publish it in the Federal Register;
Maintain a file and index of orders, rules, and regulations issued pursuant to the declaration; and
Provide reports to congress on expenditures directly attributable to the declaration.
(Excerpt) Read more at thehill.com ...
Regardless, PDJT should follow the example set by so many demolibs-—————— Court order? Meh! Ignore and proceed.
Each of the 16 states filing suit is profoundly dependent upon the flow of federal funds to sustain it’s illegal populations.
There are hundreds of bureaucracies in each of those states whose existence depends upon such illegal dependents.
Would bet most of those 126 states account for the bulk of the federal deficit-by far and away
All of these states will be required to demonstrate harm. Do they know what monies will be reprogrammmed? They do not know and therefore they can’t show that they will be hurt. It’s a political magic trick to deceive Democrat voters.
So far, Trump has advanced his agenda within the bounds of law and his inherent Presidential authority. That has worked pretty well. The law and the Constitution is on his side.
LOL! True but do you think the demolibs give two craps about the constitution?
President Trump tried to get the wall built through Congress. Congress does not care about protecting American lives. Therefore President Trump is forced to declare a national emergency. Democraps can rot in hell.
oops...”most of those 16 states...
The ONLY legal ground that could stop him would be if the Courts reversed TONS of previous precedent and declared the legislative branch may not offload its legislative duties to the executive.
Because the law that Trump is using was passed by congress and signed by a president... challenges to it, have already been heard and declared constitution.
Trump’s declaration is NOT in any way in violation of the law.
As commander and chief he also has full discretion to spend military discretionary spending funds however he sees fit.
He’s not in violation of the constitution or the law there either...
SO, the only “LEGAL” route would be to declare the legislative branch cannot give up authority to the Executive like they did with the emergency powers act.... Which would WHOLESALE end the administrative state... a ruling along those lines would instantly make every regulation written by every agency ILLEGAL and VOID instantly, and would END the ADMINISTRATIVE STATE INSTANTLY... so don’t expect the left to do that.
I would CHEER if they handed down such a ruling, even if it mean the wall was further delayed because it, but it ain’t going to happen because the left has accomplished most if its aims through the administrative state.
Too many sacred cows wandering around in Washington to seriously threat the Administrative State, most of them with a Democrat brand on their flanks. I have not seen the actual language of these so called lawsuits. The press reporting of them are laughable, it’s political posturing and nothing else. If that’s the best argument that they can put forward, this ought to be over pretty soon.
I find it interesting that Nancy and Chuck are trying to use Defense Fund needs as their suit basis. Isn’t this the party that gutted the Defense budget when they were in charge?
There is a reason that the Air Force ensures that their big programs are built in at least 40 states.
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