Vanity-What’s happens if the Supreme Court (John Roberts) denies Trumps National Emergency?

[Bigtigermike]

What’s the next possible course of action? Is it over for the wall? I don’t trust that guy and it’s obvious that everybody in Washington DC saved for a small group is trying to do everything within their power to deny Trump his key signature issue. They’re determined that he loses the election next year

[aimhigh]

Obama’s legacy was easily erased because it was based on a pen and a phone. If Trump doesn’t get real legislation behind his policies, they will just as easily be erased by the next president. If don’t fault Trump. McConnell is the problem.

[Stentor]

What if FReepers stopped wetting their panties?

Are you against fine old traditions? LOL.

[morphing libertarian]

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

[nathanbedford]

It is not so much that we are raising the question of constitutionality, the fact is that the matter will certainly be considered by the courts even if no one brings it up. We should care about the constitutionality of that statute even though it helps us in this terribly important matter of policing the border because this chronic abdication by Congress of its responsibilities is symptomatic of a very grave disease which is subverting our Constitution.

Whatever happened to checks and balances? Whatever happened to divided government and allocation of functions? When these things get consolidated in the executive, either by way of grants of power to unnamed bureaucrats or by even individually to the president himself, we no longer have a constitutional Republic or a representative government. We have a tumor that grows into tyranny.

What do you do with a continuing resolution that spends more than $14 trillion and simply says to a president "go and do what you think prudent but do as you please? "This is a problem when a decent conservative is the president but it is a disaster when a collectivist, left wing, Marxist president is running the show.

Likewise, if the powers usurped by the courts, as Sen. Ben Sasse observed so trenchantly in the Cavanaugh hearings, the result is government by judges, undemocratic government, ultimate tyranny.

[morphing libertarian]

They check and balance on the presidential emergency powers is Congress. Also congress establishes budget riles for re-allocating money.

[Vaduz]

Wonder what lobbyist she receives the most money and favors from?.

[SuperLuminal]

"...what happens.."

Simple!

It will mark the final and permanent demise of our Nation and its former Constitution...

Reagan warned us and we ignored him... Now, on to the 1000 years of darkness...

[New Jersey Realist]

The power to invoke a National Emergency lies solely with the President and is not subject to review or consent by either Congress or Court

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I’m pretty sure that is what I wrote.

[Yaelle]

If the SC wants to restrict the power of the executive office (which I’m not against) then they must be forced to allow them all or restrict them all. Not say THIS one doesn’t count because we don’t feel like THIS one is an emergency but the other 30+ get to stay in effect.

---

Exactly. The court needs to apply this to the constitution and not politics.

[Redleg Duke]

We have less than two years to nominate and run Non-Establishment candidates in each and every election. Yeah, that means non-Republicans and Non-DemocRATS.

[FreeReign]

The point is Trump said “I really don’t have to do this”. Pretty tough to make the case that this is an emergency when you just said it wasn’t.

Do you have the full context of that quote?

[david1292]

Honestly, I think we’re out of time. Texas nearly elected Beto while Florida and Georgia nearly elected far-left socialist governors. And the demographics get worse every election.

[Lean-Right]

“I have little faith in Roberts, too.”
The supreme court upheld Trumps travel
ban. They won’t want to second guess
a president on issues of national
security. They will decide in Trumps
favor on this.

[Lakeshark]

Ben Sasse is as big an *sshole and bloviator as the person who claims the monniker of the initiating force behind the clan.

I'm surrpised they let you back. You're such a fraud. You could give Jonah Golberg and Bil Kristol a run for their money......

[Electric Graffiti]

“The supreme court upheld Trumps travel
ban. They won’t want to second guess
a president on issues of national
security. “

Scrotus should’ve vacated the lower court’s unconstitutional injunction immediately. Instead, they decided they were the final authority of what the President can or can’t do under the Constitution. And it only took, what? 9 months?

[nathanbedford]

bugger off

[Bon mots]

Which reminds me...

Where's Ruth?

[reformedliberal]

Today, Who would tear themselves away from their Lazyboy Recliner and their big screen TV? Who would sacrifice their SUV?
___________________

When enough income is confiscated to make a recliner a luxury, when all snack foods are eliminated in the name of universal health, when all you can receive on that TV screen is propaganda and SUVs are forbidden....I wish I could say that would motivate people, but instead, I expect a majority to rationalize going along to get along.

Very glad I’m old.

[Lakeshark]

Everything I said was true.

Your're just a fraud.

Maybe you should take your own advice.

[Pollster1]

It depends on the details. Some funds can be reprogrammed without a national emergency. The border crossings can be closed and a much larger military force can be sent to stop illegal crossings. Mexico can be pressured to (1) build the Wall, and (2) pay for the Wall (like Trump promised although I was and still am a skeptic on that).

I hope President Trump will make it happen one way or another, but the fact is that Congress specifically delegated this power to the President, almost without limitation. If SCOTUS rules against him, it’s only because of anti-Trump bias, not because of the law or the Constitution.