Where's Ruth?
What if FReepers stopped wetting their panties?
Nice kids you have there, John. It would be a shame if we found out they were illegally adopted.
Need proof of life on Ginsburg. We hear she is walking a mile a day. We hear she is in a medically induced coma. We hear she went to a concert - no pictures not even from people’s cell phones. We hear she was “present” for arguments. Was that by Skype? You can bet if she was physically improving and back at work the left would be plastering pictures all over, and there would be a lot of press. Her health needs to be verified and soon, before any more votes.
You can take it to the bank that Roberts will oppose the emergency declaration.
What happens if Roberts “denies”? How about Trump going full Andrew Jackson.
With Roberts anything is possible, but I don’t think he has the same wiggle room he had with Obamacare. And if he’s being consistent with previous rulings he’ll tell the plaintiffs to go to congress to fix this rather than the courts, since it was congress who gave Presidents broad emergency powers.
Separation of powers issue. Screw the court.
Separation of powers issue. Screw the court.
Dig a big, beautiful ditch.
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.
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
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...
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.
This is like asking, if Congress passed a declaration of War, could the SC cancel it?
The SC doesnt have absolute power. Its long passed time to remind them, too.