Posted on 02/15/2019 1:41:35 PM PST by Berlin_Freeper
President Trump said on Friday that he "didn't need to" declare a national emergency but did it to speed up construction of the U.S.-Mexico border wall.
"I want to do it faster. I could do the wall over a longer period of time. I didn't need to do this, but I'd rather do it much faster," Trump said during a press conference at the Rose Garden in the White House.
(Excerpt) Read more at thehill.com ...
Time is of the essence.
Except that the bill he just signed will very likely be used to keep him from doing just that. He should have vetoed that POS. When Oh When will we get the line item veto for the Oval Office? I know...double edged sword but...it would have been handy this week.
It is within his power as President to do this.
I’m glad he did.
He is charged with protecting the states against invasion.
He is trying to live up to that Constitutional mandate.
Well he’s right..if Congress/Senate had done their damn jobs he wouldn’t need to do this, but he had no choice because this needs to be done NOW
He signed the bill because the votes in both Congressional bodies were higher than the votes required to override his veto.
There was no benefit from playing the part of a person who wanted to shut down the government again.
Look folks, he can’t do it alone, and we need to quit playing as if that isn’t exactly what he has to do.
He got us the wall. He will prevail on that issue. If he doesn’t the nation is gone anyway.
Ann Coulter & Co. whining about the “amnesty” for “sponsors” of UAC’s. But TRUMP’s DHS and ICE can set very strict limits on them, and deport them if rejected. Also the limit on beds is meaningless, since Trump can use part of his $8 billion to setup Sheriff Joe-style tent cities, as he has already promised.
And by declaring an emergency, it guarantees it will be tied up in the courts. /sigh
I hope that statement does not hurt him in court, as saying he didn’t need to do it seems to contradict it being a qualifying emergency.
It can only b tied up in court if trump allows it. He refereed to there appeals process this morning. Only congress can override an emergency declaration. Courts have no standing. You can’t respond to emergencies by judicial fiat.
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
Time is of the Essence
A phrase in a contract that means that performance by one party at or within the period specified in the contract is necessary to enable that party to require performance by the other party.
The Federal procurement process takes forever for almost ALL large projects. Trump has funding for the 55 miles of “Barrier” in Texas..., the rest will ultimately wend its way to the SC! Hopefully, an expedited appeals route will happen (who knows with Roberts these days...???)!
No, it will be go quickly to the SC.
This statement completely undermines any legal argument in support of a "national emergency" declaration.
I didn’t need to do this, but I’d rather do it much faster,”
The statement Pretty much guarantees he loses. That plus he signed just a bill where he agrees not to do what the act intends. I can only think he must know this so what do we conclude from that? Nothing good.
“Look folks, he can’t do it alone, and we need to quit playing as if that isn’t exactly what he has to do.”
Absolutely.
The folks treating this as entertainment need to stop looking for their next hit, and start asking what they can do to help.
Well said, all to the same concerning point
then again, he MIGHT have 5-9 on the SC, which is all he needs
now it gets interesting ...
“The governor says it interferes with their drug interdiction program (LOL)”
That is LOL funny. Without drugs, one
would not have to interdict....
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