Posted on 01/14/2019 8:13:47 AM PST by Moseley
Would a declaration of an emergency to build a border wall create a bad precedent? At the end of the last week, much of the political discussion here in Washington, D.C. in talk shows, statements from Congressmen and in conservative publications focused on warnings of how a future Democrat President might abuse a similar process to push left-wing policies.
If Trump can declare an emergency to build the border wall, could a future Democrat President Chelsea Clinton declare an emergency and take people’s guns or force or enact legislation to fight the myth of man-made climate change. No, “that’s not how any of this works.”
These concerns are understandable but misinformed. Those raising concerns really have not investigated what is involved.
Those who generally talk the Republican party out of actually winning year after year raise fears of legislative action by a Democrat president. There is nothing in the National Emergencies Act of 1976, declaring emergency, or anything that President Trump and supporters are suggesting that relates in any way to creating legislation. That is why President Barack Hussein Obama acted illegally by expanding the Deferred Action for Childhood Arrivals (DACA). That was a legislative change.
With the border wall, Trump will merely be spending money on a border wall that Congress has already voted to build and which is mandatory under existing statutes. A president cannot create new legislative policy.
(Excerpt) Read more at bigleaguepolitics.com ...
But there must be specific laws that get “switched on” under a presidential declaration. This does not allow a president just to make things up out of whole cloth. This does not give a president any power to enact legislation or create any new rules. It only activates what is already written in laws already passed by Congress and signed into law in the past.
A president is required to identify which existing legislation he or she is activating in the text of the emergency declaration. A declaration of an emergency is not something that can just be pulled out of the blue sky. It is tied to specific legislation.
Existing laws give Trump the authority to “reprogram” money appropriated for the U.S. Department of Defense to construction of some or all of a border wall along our nations’ international border with Mexico. The most directly applicable is 33 U.S. Code § 2293 “Reprogramming during national emergencies.” Other statutes include 10 U.S. Code §2803 and 10 U.S. Code §2808.
In fact, there are more than 100 statutes that are triggered when a president declares a national emergency, writes Elizabeth Goiten, Co-Director for Liberty & National Security for the Brennan Center. Those are statutes passed by Congress.
Under existing statutes and his powers as President, Trump could use some of the $700 billion appropriated for the military one year ago in the very large and controversial omnibus spending bill. At the time, a year ago, Trump was already hinting (repeatedly) that he agreed to such a large spending bill specifically because some of that money could build a border wall.
Second, Congress has already voted that here shall be a barrier the entire length of the U.S. – Mexico border. Trump’s border wall has already been authorized. But more than that, a border wall is mandatory. It is not optional. It is not maybe. It is required.
In 2006, Congress enacted and President George W. Bush signed into law, the Secure Fence Act of 2006. That is the official determination of both the U.S. Congress and the Commander in Chief. Therefore, Trump would be acting to see to it that the existing law be faithfully executed.
Despite the word “fence” in the title, the law does not necessarily mandate a “fence.” The wording of the Act requires a barrier customized to the particular terrain in each location to the extent necessary to “the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.” So the Secure Fence Act of 2006 requires building “whatever it takes” — not a “fence” per se.
And the survey at American Thinker web site:
https://www.americanthinker.com/articles/2019/01/free_speech_is_dead_in_canada_the_persecution_of_christian_activist_bill_whatcott.html
Should President Trump send troops to the border to stop the caravan?
Yes 92% (13,436)
No 7% (1,083)
Not sure 1%
He just needs to enumerate all of Obama’s ‘States of Emergency’ and he will get the People to support it.
Big Media is giving the Dems total cover.....the People need to be informed of the truth!
I suppose it could be like the use of force procedures. Require some Congressional authorization after the fact.
You can see how well that has worked in stopping Presidents from ordering war.
The biggest takeover of private power was by FDR during the depression and WW II. President Trump would be using 0.1% of the power that FDR grabbed 75 years ago.
Trumps already been replacing the word “wall” with alternatives including “whatever” so as to possibly un-trigger the pansies, but I think more likely to ridicule the semantics game the left is playing.
After the government’s been shut down a year Trump should declare a “National Emergency”... That way the Court’s -like the 9th - will step in to stop it. The law will be debated making it much harder for democrats’ to abuse the law in the future.
It doesn’t matter what Trump does or doesn’t do. The Rats will declare a national emergency whenever they feel like it.
!!!!
Maybe he should call it an artistic protect of soemthing.
:)
:)
Good point. I forgot that point
FNC reported the other day that even Pres. Carter still has two active national emergencies that are ongoing.
“Article 4, Section 4 offers no discretion or decision by the U.S. Government. A response is mandatory. Border incursions by violent drug smugglers, terrorists, and other criminals are the primary issue here. The U.S. Government is Constitutionally required to secure the borders. The Texas legislature should invoke Article 4, Section 4 by voting for an official request. President Trump would be acting pursuant to a constitutional obligation to defend the border.”
Excellent article and worthy suggestion for Texas or any state really, because citizens in every state are being put at risk by our porous suthern border.
Not a bad idea. And he should make sure to hire a diverse designer force complete with transgender identifying whatevers of color.
It’s more than a twofer.
A response is mandatory. Border incursions by violent drug smugglers, terrorists, and other criminals are the primary issue here.
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Even if these people are non-violent, the very act of entering a nation without permission is illegal. Done in large numbers it is akin to an invasion. If nations cannot enforce their borders, then they are not nations. Left-wingers may hypothetically like to live in that world, but that is because they have not adequately thought about (or experienced) the consequences of “no” nations”.
“President Obama seems ready to work around Congress in 2014, telling reporters before his first Cabinet meeting of the year Tuesday that he stood ready to use two tools, a pen and a phone, to provide help for Americans.”
When he said this, what a great American.
When Trump says he can go around Congress, what a traitor.
Keep an open border will only allow more caravans, and they won’t just be from south of the border, they will flood in by ship from other countries.
But of course its already happening, the media suppresses that.
“Left-wingers may hypothetically like to live in that world, but that is because they have not adequately thought about (or experienced) the consequences”
The leftwing politicians sell their socialism by demonizing the “rich” (which they are themselves) and promoting class warfare. They advocate taking from the rich to give to the poor.
What the average leftwing voters fails to realize is that, by world standards, THEY are the rich. Half the world lives on $2 / day. Open borders means taking money and resources from the “rich” $10 / hour or $15 / hour worker, to give their earnings to the poor of the world.
Of course, it will always be necessary to have rich, elite Democrats to fairly administer this transfer of wealth.
the us has declared 58 national emergencies since 1979- 31 still remain in effect-
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