Posted on 02/24/2019 12:02:16 PM PST by street_lawyer
Let me begin by predicting that Trump will finish a wall of protection along the southern border, just not in this term in office. I predict that Trump will not only win in 20/20 but voters will bring in with him congressmen who will support the President’s policies. It’s going to be a swamp clean up like this disaster of a Congress never happened. Trump will eventually win as usual. Some of you, perhaps most of you were not pleased with my article predicting that Trump will temporarily be prevented from finishing the wall in his first term. Some of you jumped to the conclusion that I do not support President Trump, nothing is further from the truth. The progressives may be able to slow down the Trump train, but they can’t stop it.
I’m quite sure that this audience knows that if we had a democrat as president none of this would be happening. It doesn’t help that progressives make up most of Congress starting from McConnell and Ryan down to little Rubio who does support the national emergency. Progressives don’t want to see Trump succeed on stopping illegal immigration; nevertheless, Congress did give the President authority to declare a national emergency (NEA) and gave him power to enforce existing statutes, which President Trump is doing.
The question is by building a wall that Congress definitely does not want (Republicans and Democrats alike) and did not authorize, is the President performing a legislative act that is the province of Congress? Quite possibly. The way I see it the Consolidated Appropriations Act 2019 (CAA2019) was passed specifically to give progressives in Congress an argument in court. Congress decides domestic policy and not the President. Perhaps an argument can be made that a border invasion is not a domestic issue but rather foreign affairs. The Constitution is not definitive on this issue; however, the recent pattern, although not precedent setting as in court cases, shows that the power of the executive during times of national emergency and war have been expanded in the area of foreign policy.
Congress barred the Obama administration from using funds to transfer detainees out of Guantanamo Bay prison. Could he have declared a national emergency in order to use funding from other sources? If he thought he could, you better bet he would have. All of the enumerated presidential powers dealing with foreign affairs require the consent of the Senate. Former Presidents have used their “implied” powers to accomplish their objectives. In the past Congress has granted authority to the President to impose economic sanctions on foreign entities (International Emergency Powers Act of 1977). Furthermore in U.S. v Curtiss-Wright Export Corp. the court held that in international relations, the President is the sole organ of the Federal Government. Congressional legislation that effects international relations should accord the President a degree of discretion and freedom to implement foreign policy. The powers of the Federal Government are derived from the States and the States did not have power beyond their borders. Even before the Declaration, the colonies were a unit in foreign affairs, acting through a common agency—namely, the Continental Congress, composed of delegates from the thirteen colonies.
Speaking of how the president is the negotiator for our foreign policy, the court in Curtiss-wright Export Corp. wrote: This consideration, in connection with what we have already said on the subject discloses the unwisdom of requiring Congress in this field of governmental power to lay down narrowly definite standards by which the President is to be governed. One could argue that by limiting this President in how he proposes to protect America’s borders by imposing “narrowly definite standards” limits the power of the presidency in exercising his power in foreign affairs.
The President can’t go it alone. He needs new Freedom Caucus Members.
No wall with zero provision/protection for a future a-hole prez,judge or lawmakers to tear it down will mean no re-election. Furthermore, without reform of the systems within the USA, the wall is worthless and pointless. The left knows this as America is being colonized with Latinos and Muslims. Demographics is destiny and the DNC and Globalists need its replacement in name only “Americans”.
Going to prison will not affect it much. The Democrats know they will win it this time without real reform. The pardon will take care of that.
BY ANY MEANS NECESSARY! Is the 2020 LIEberal tactic! It is in play 24/7/365!
POTUS, his loyal team and his loyal supporters (that would be us “deplorables,”) wake up every morning wondering what we can do to Make America Great Again!
LIEberals wake up and continue their on-going plot to overthrow a duly elected President and to convert America into a LIEberal/Socialist/Marxist/Fascist/Communist/Banana Republic state. It is what they do!
In order to accomplish their objectives, LIEberals MUST LIE, CHEAT AND STEAL!
The Trump team had best get WAY AHEAD of the cheating we all know is going to occur in 2020!
In no particular order, here, IMHO, is what we will be faced with between now and the 2020 election:
• Democrats will use ANY MEANS NECESSARY! To win in 2020!
• Democrats will attempt to suppress votes in known Conservative areas.
• Democrats will use ANY MEANS NECESSARY! TO PREVENT the legitimate purging of voter rolls between now and 2020!
• Democrat Governors will pardon and restore voting rights to felons!
• Democrats will have dead persons voting!
• They will have illegal aliens voting!
• They will pay persons to vote multiple times!
• They will pay persons to vote in multiple states!
• They will forge absentee ballots, and will “harvest” them AFTER the polls are officially closed so they can win in contested precincts/counties/states!
• They will “discover” uncounted votes after the polls close!
• They will do all they can to invalidate the overseas military vote!
How do I know the LIEberals will go to these extreme lengths to win in 2020? They have been doing all of the above for years!
AND, THEY HAVE THE LIEBERAL PRESS ON THEIR SIDE TO AID AND ABET THEIR LYING, CHEATING AND STEALING!
POTUS best have his brightest and best folks out there right now shoring up the voting process to eliminate as much cheating as possible! And, aiding FRiendly governors in purging their voter rolls!
LIEberals will LIE, CHEAT AND STEAL to win! You know it! I know it! Democrats know it!
We know LIEberals cannot win an honest election - it is up to us to ensure as honest an election as possible!
[Did I leave any possible LIEberal skullduggery out?]
sadly agree
Except that Pence is more likely to be RINO like W. He’s in the pocket of the COC. And he is a foreign interventionist.
I’d rather have a President Rand Paul.
I’m not down with the cowardly blame America first anti-Semite Rand Paul.
I am extremely glad Trump won, but am cautious to peg the vote result to the crowd size at rallies. I remember the crowds at the 2012 rallies for Mitt Romney (respectable size) and the result at the polls.
Why did Trump disband the vote fraud commission? Puzzled at this.
I hope the other is bringing the house of cards down on the treasonous criminals still embedded in our government. If this is not taken care of we will never get another chance and have to resort to other means that might not be to pretty
Postscript: The Curtiss-Wright Export Corp. case was criticized in Zivotofsky v. Kerry (2015) “This description of the President’s exclusive power was not necessary to the holding of Curtiss-Wright—which, after all, dealt with congressionally authorized action, not a unilateral Presidential determination. Indeed, Curtiss-Wright did not hold that the President is free from Congress’ lawmaking power in the field of international relations. The President does have a unique role in communicating with foreign governments, as then-Congressman John Marshall acknowledged. See 10 Annals of Cong. 613 (1800) (cited in Curtiss-Wright, supra, at 319). But whether the realm is foreign or domestic, it is still the Legislative Branch, not the Executive Branch, that makes the law.”
Consider how worked up supporters will be if the courts side with the progressives and stop construction on a wall. Trump should play that to the hilt. By20/20 it will not have been Trump’s fault. If voters want a wall they will realize that they need to vote in candidates who will support Trump.
With respect to a brother who supports Trump, there are a few legal opinions that I didn’t mention in the article.
The Curtiss-Wright Export Corp. case was criticized in Zivotofsky v. Kerry (2015) “This description of the President’s exclusive power was not necessary to the holding of Curtiss-Wright—which, after all, dealt with congressionally authorized action, not a unilateral Presidential determination. Indeed, Curtiss-Wright did not hold that the President is free from Congress’ lawmaking power in the field of international relations. The President does have a unique role in communicating with foreign governments, as then-Congressman John Marshall acknowledged. See 10 Annals of Cong. 613 (1800) (cited in Curtiss-Wright, supra, at 319). But whether the realm is foreign or domestic, it is still the Legislative Branch, not the Executive Branch, that makes the law.”
The opinion continued “In a world that is ever more compressed and interdependent, it is essential the congressional role in foreign affairs be understood and respected. For it is Congress that makes laws, and in countless ways its laws will and should shape the Nation’s course. The Executive is not free from the ordinary controls and checks of Congress merely because foreign affairs are at issue. See, e.g., Medellín v. Texas, 552 U. S. 491, 523-532 (2008); Youngstown, 343 U. S., at 589; Little v. Barreme, 2 Cranch 170, 177-179 (1804); Glennon, Two Views of Presidential Foreign Affairs Power: Little v. Barreme or Curtiss-Wright? 13 Yale J. Int’l L. 5, 19-20 (1988); cf. Dames & Moore v. Regan, 453 U. S. 654, 680-681 (1981). It is not for the President alone to determine the whole content of the Nation’s foreign policy.” Zivotofsky v. Kerry (2015)
It’s my job to look at both sides and figure out a legal strategy so that Trump wins and the progressives don’t. MAGA
Thank you for an informative comment. For what it’s worth, Frank Luntz appeared on Water’s World and said less than half (of what I don’t know) support the “WALL”, but more than 60% support the wall plus technology. I totally agree that Trump has the moral high ground, at least with people who are rational humans.
I think Bernie has the best shot at winning. He would have won the last primary if the Fix were not in. You comment is worth repeating: “In the SOTU he laid down the gauntlet on socialist ideology. Whether he and his surrogates can effectively communicate the foolishness of ideas like free healthcare for all and free college for all is an open question. These ideas should not have much traction as it is for we already know the outcome - higher costs, rationing, debt and more taxation, plus lower quality outcomes. Just look at rent control as an example: Rent control means less incentive to build new supply and less incentive to rent and maintain properties in tip top shape. In time rent control leads to urban decay and loss of property values. Right now the ease of obtaining student loans is a direct cause of the ever-escalating cost of education; and universities are pushing a lot of ideological nonsense and jacking up their administration vs teaching faculty ratios to ridiculous proportions. Universities have no incentive to economize or improve their product because they have no risk; shoving risk off to the students themselves who are usually not well equipped to make a decision about how much value they will receive for 20-30 years of debt.”
I totally agree that talking about increasing immigration is bad messaging. I know he is referring to highly qualified immigrants but he needs to get on top of this issue.
I’m confident that Trump knows how to win. We still have about six years of a President who loves the USA and has the guts and stamina to defeat the Democrats, the Media, and the rest of the world. Miraculously he has exposed the progressives and how they hate America.
No matter how many GOPers are elected, he still has to have a GOP house speaker on our side. I’m not sure that can happen.
That you, Bill Kristol?
What does that mean “blame America first”? Sounds like a putrid neocon slogan. Those haven’t worked since what, 2008?
You must think that Cheney, Bush and Rumsfeld are brave because they all got out of Vietnam service, and yet were all involved in sending other people’s children to fight in the ME for 18 years? LOL.
The fix against Bernie is largely the result of the Democratic party rules. Both parties have superdelegates, but the Dems have an order of three times more in number. A candidate who can sway the vast majority of superdelegates has the best shot at winning because also, unlike the GOP, they have a proportional distribution of state elected delegates.
So in a 2-way or 3-way race for the Democratic primary, one candidate can come in 3rd place in each state and still cinch the nomination through a combination of a small number of state delegates plus the superdelegate vote. The Dem primary by-laws basically enable Tammany Hall type smokey backroom deals shrouded by a pretense of a democratic process. Sure, the party members vote. But their votes are highly diluted by party insiders who are representative of nobody but the party itself, and a 3rd placer can win the nomination on the first ballot. Sounds like something out of the China or the USSR, coincidence or not.
Aren’t you the “genius” who recently said Trump would be finished if he didn’t complete the Wall before Nov 2020?
ESAD. You’re a pathetic troll.
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