Posted on 01/08/2019 11:42:19 AM PST by SMGFan
The National Emergencies Act of 1976 allows the president to trigger emergency powers conferred on him not by me, but by Congress. It has been in place in various forms for more than 150 years. It confers powers on a president that I think go too far, such as confiscating private businesses, etc.
In this case, involving building a border barrier of some kind, that is a uniquely federal governmental responsibility. The president can use the law to undertake such a project, and it can be challenged in the courts or overturned by a joint resolution of Congress. He needs to make his case under the statute, which is an easy case — that securing the southern border is a national emergency, given the chaos there, the related consequences, and the refusal by the Democrats to address it in any meaningful way and their holding the rest of the government hostage.
The president can use the legitimate legal tools available to him to try to solve these problems. Unlike Obama, he is not legislating by creating, say, DACA, which is unconstitutional and violates separation of powers. Congress set up this process. This isn’t a misuse of unconstitutional authority. It’s about statutory interpretation.
I would encourage the NeverTrumpers to try to put their country ahead of their egos and try to control their emotional outbursts.
fear not!
democrats will make it one... watch um...
I had some idiot today try to tell me the democrats are trying to protect the constitution..
where are they learning this BS??
So he can throw this down and some activist judge can simply squash it like they did the travel ban? I tell ya... if that happens, that ol’ tree of liberty may just need to be watered.
Defending the borders a president can do — with or without a declaration of national emergency. Indeed, the president is OBLIGATED to - its not discretionary
Dems will claim it’s “Not an Emergency-Emergency”, ala the Whoopi Goldberg criteria for Rape-Rape. And that Trump is a racist and walls don’t work so let’s just lock him up.;
Another article talking about this more in depth. Apparently our government has been functioning with the national emergency act powers invoked about 30 times and have never been removed, 9/11 is but 1 of the 30.
I thought he declared a national last year or in 2017? Anyway, should he do so, wonder how quickly the courts will step in? Will he accept their action?
Seems to me, that if he can do this, then he can re-open the government, or put the pressure on the Congress, that if they challenge him, then he shuts down the gov’t again.
For what it’s worth, that chubby little troll who poses as a legal analyst on Fox News says declaring a national emergency in this case is illegal. Didn’t pay attention to his reasoning because I no longer find him credible.
I wish he would, then build the 50ft wall all 2600 miles!
His Dec. 21 2017 Executive order did cite the authority of the NEA and also a couple other Emergency powers acts, one was international...
I was under the impression we were waiting for that national emergency to actually be declared to the American people...
I hope PDJT has a fake transcript leaked so that the Dem prepared response is completely out of sync with what Trump actually says.
The MSM would take the bait hook,line and sinker too.
My perspective is that there is what he can do and what he should do.
First he should get some of the best legal minds to write up court documents defending his ability to declare an emergency, to build a wall in the name of humanitarian and national security.
Then should then get the US military, FEMA, Dept of Homeland Security and others to develop an implementation plan for quickly building a wall.
In the mean time he should play with Nancy an Chuck, much like a cat with a mouse.
He did a great job of inviting them to the White House and bringing the TV cameras and catching them saying we can’t talk about this in public. Then inviting them into the White House again to discuss this.
My hope today is that he will turn up the heat on Chuck and Nancy and call them out by name in his Presidential address. He should tell them that he needs to act and that they need to act or he will be left to his own devices to deal with this crisis.
Then on Thursday when he goes to the border he needs to have a very well scripted presentation along with “witness/spokespeople” who explain to the American Public and the Mexican public exactly what needs to be done and why it is in the best interest of both countries. Again he needs to tell Chuck and Nancy that time is running out on borders security and they must act and act quickly.
I would like him to keep “turning the screws” a couple of times a week until the State of the Union Address. At which time on public television in front of the both Chambers of Congress and the Supreme Court he tells them (in Congress home) that he is invoking executive privilege and sign on TV an executive order that starts construction of the Wall. I want him to explain on TV that he tried to deal with Chuck & Nancy, but they didn’t act and he could wait no longer.
I want at the moment he signs it construction to actually start. I expect that there will immediately be judicial challenges by all kinds of folks. I want his legal team to have documents handy to overwhelmingly squash any injunctions that may be filed with the courts.
I want him to shove the wall down the throats of Chuck & Nancy and the Democratic party and Never-Trump Republicans.
Excellent.
He know exactly what he is doing.
Go, President Trump, MAGA!
Well, hope that is the route he chooses today.
Ҥ2808. Construction authority in the event of a declaration of war or national emergency
(a) In the event of a declaration of war or the declaration by the President of a national emergency in accordance with the National Emergencies Act (50 U.S.C. 1601 et seq.) that requires use of the armed forces, the Secretary of Defense, without regard to any other provision of law, may undertake military construction projects, and may authorize the Secretaries of the military departments to undertake military construction projects, not otherwise authorized by law that are necessary to support such use of the armed forces. Such projects may be undertaken only within the total amount of funds that have been appropriated for military construction, including funds appropriated for family housing, that have not been obligated.
(b) When a decision is made to undertake military construction projects authorized by this section, the Secretary of Defense shall notify, in an electronic medium pursuant to section 480 of this title, the appropriate committees of Congress of the decision and of the estimated cost of the construction projects, including the cost of any real estate action pertaining to those construction projects.
(c) The authority described in subsection (a) shall terminate with respect to any war or national emergency at the end of the war or national emergency.”
http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2808&num=0&edition=prelim
Someone posted that the other day.
It is not at all clear how much money is available. The military probably put most projects out to bid already.
There is also the possibility that environmental laws may not be waived for “national security” walls, only border security walls.
We also need more Border Patrol people to make the wall effective.
The government shutdown will only end after Trump signs the spending bill.
Once Trump has signed the spending bill, the Ninth Circuit and Justice Robert’s court will undermine him, again.
“For what it’s worth, that chubby little troll who poses as a legal analyst on Fox News “
You mean Cornholio Napolitano?
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