But this is the era of Trump, and past precedents dont count with the racist, regressive fascists we have on the courts.
I cant say with any certainty but they have gone so far overboard against Trump, and Trumps DoJ is absolutely useless, why wouldt they say because its him they will decide differently. They have done that before.
Even the Supreme court with the compromised chief justice is uncertain. Wouldnt it be tied up for a while?
Declaring a national state of emergency under the National Emergencies Act of 1974 outlines how a president can activate special statutory power during a crisis.
George W. Bush declared 13 emergencies and Barack Obama declared 12 -- nearly all of which are still active today. Bill Clinton declared 17 national emergencies, six of which are still active. Ronald Reagan declared six and George H.W. Bush declared four -- but all of those have been revoked by now.
The first declaration under the National Emergencies Act of 1974 came during the Iran hostage crisis -- a national emergency that is still active today. Jimmy Carter blocked Iranian government property from entering the country. It's been renewed each year by all presidents since then. Presidents must renew national emergencies every year because the statute lets emergencies automatically expire after one year.
Here's a list of the 28 active national emergencies:
1. Blocking Iranian Government Property (Nov. 14, 1979)
2. Proliferation of Weapons of Mass Destruction (Nov. 14, 1994)
3. Prohibiting Transactions with Terrorists Who Threaten to Disrupt the Middle East Peace Process (Jan. 23, 1995)
4. Prohibiting Certain Transactions with Respect to the Development of Iranian Petroleum Resources (Mar. 15, 1995)
5. Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers (Oct. 21, 1995)
6. Regulations of the Anchorage and Movement of Vessels with Respect to Cuba (Mar. 1, 1996)
7. Blocking Sudanese Government Property and Prohibiting Transactions with Sudan (Nov. 3, 1997)
8. Blocking Property of Persons Who Threaten International Stabilization Efforts in the Western Balkans (Jun. 26, 2001)
9. Continuation of Export Control Regulations (Aug. 17, 2001)
10. Declaration of National Emergency by Reason of Certain Terrorist Attacks (Sept. 14, 2001)
11. Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism (Sept. 23, 2001)
12. Blocking Property of Persons Undermining Democratic Processes or Institutions in Zimbabwe (Mar. 6, 2003)
13. Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq has an Interest (May 22, 2003)
14. Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria (May 11, 2004)
15. Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus (Jun. 16, 2006)
16. Blocking Property of Certain Persons Contributing to the Conflict in the Democratic Republic of the Congo (Oct. 27, 2006)
17. Blocking Property of Persons Undermining the Sovereignty of Lebanon or Its Democratic Processes and Institutions (Aug. 1, 2007)
18. Continuing Certain Restrictions with Respect to North Korea and North Korean Nationals (Jun. 26, 2008)
19. Blocking Property of Certain Persons Contributing to the Conflict in Somalia (Apr. 12, 2010)
20. Blocking Property and Prohibiting Certain Transactions Related to Libya (Feb. 25, 2011)
21. Blocking Property of Transnational Criminal Organizations (Jul. 25, 2011)
22. Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen (May 16, 2012)
23. Blocking Property of Certain Persons Contributing to the Situation in Ukraine (Mar. 6, 2014)
24. Blocking Property of Certain Persons With Respect to South Sudan (Apr. 3, 2014)
25. Blocking Property of Certain Persons Contributing to the Conflict in the Central African Republic (May 12, 2014)
26. Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Venezuela (Mar. 9, 2015)
27. Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities (Apr. 1, 2015)
28. Blocking Property of Certain Persons Contributing to the Situation in Burundi (Nov. 23, 2015)
Certainly the courts will not block invasion of our southern border, will they? It is one national emergency that actually is a situation that pertains to this country. 8>)
They may just start a Civil War to break out if they tried to do so.