Trump border emergency foes close in on needed Senate votes

AP ^ | 28 Feb 2019 | ALAN FRAM and ANDREW TAYLOR

[blueplum]

WASHINGTON (AP) — Senate opponents of President Donald Trump's declaration of a national emergency at the Mexican border moved within a hair Thursday of having enough votes to prevail, and one Republican suggested he risks a rebuff by the GOP-led chamber if he doesn't change course.

Trump's move would "turn a border crisis into a constitutional crisis," veteran Sen. Lamar Alexander said on the Senate floor. But he stopped just short of saying he'd support a resolution blocking the president's move. Had Alexander pledged his vote, it would probably be enough for the Senate to pass a measure repealing the emergency declaration. Speaking later to reporters, Alexander, R-Tenn., warned what might happen if Trump doesn't settle for using other money he can access without declaring an emergency.

[blueplum]

Deplorables Call To Action: get on the phone and stay on the phone until your congresscritter commits to supporting Trump's emergency declaration.

[Trump20162020]

Won’t Trump just veto it? Did the AP forget that?

[Paladin2]

If the f’n GOPee would have voted for real border control in the last two years this would not be an issue.

That they side with the ‘Rats in supporting illegal aliens has been pretty clear for at least a couple of decades.

[Olog-hai]

But isn’t that characteristic of the GOP-e, to not vote for such things and to side with the Democrats?

[radu]

I fully expect a “yea” vote from Lamar! on the resolution. *spit* The day he leaves the Senate can’t come soon enough.

[Paladin2]

The GOPee are 90% #neverTrumpers, and are “governing” in direct opposition to the electorate.

[volunbeer]

You are correct, but it goes far deeper than that. The GOP never fights the DNC like they fight Trump.

IF the GOP had half of the guts the left does think how much different our nation might look today. The left stays unified enough to get their way and they fight with every tool at their disposal - a real win at all cost attitude. Our side reacts to the suggestions of compromise and bi-partisanship like my kids cat reacts to catnip.

The GOP establishment selects the most feckless and spineless candidates in almost every race.

[butlerweave]

veto it , tear it in half and tell Nancy/Mitch what they can do with it

[DoughtyOne]

I note no mention of being able to over-ride a veto.

This means they are nowhere near the ability to do so.

If they had THOSE VOTES, we’d hear about it every three minutes non-stop.

[Pikachu_Dad]

Is a veto an option for this?

When congress passes legislation, the President can veto.

But this is not legislation.

This is something authorized by legislation.

The President takes an action. Congress is authorized to disapprove that action. The law may not allow a veto. This is the Congress Veroing the President.

[DoughtyOne]

As I suspected later on in the article:

Trump has promised to veto the effort to thwart him, and Congress seems all but certain to lack the two-thirds majorities in each chamber that would be needed to override his veto. But the showdown puts GOP lawmakers in a ticklish spot that party leaders are hoping to ease.

Punks are trying to game us.

[DoughtyOne]

Translation:

Trump should not do what he wants. He should compromise his morals for the sake of comity.

B. S.

[aquila48]

I agree these Despicable RINOs need to feel the heat from the Deplorables. Let’s burn their phone lines!

[morphing libertarian]

The NEA of 1976 indicates that the congress can use a joint resolution to terminate an emergency declaration.

JR are similar to bills in that they require presidential signature and the president can veto.

[butlerweave]

Nancy has DACA crap bill coming on Mar 12 and she thinks he’ll sign it

[Paladin2]

"The GOP establishment selects the most feckless and spineless candidates in almost every race."

It's sick and will result in the death of America sooner rather than later. Probably my fault, 'cause I just want to be left alone to pursue my happiness, but I think I can outlive the progressive process for a couple of decades yet.

[morphing libertarian]

from lexisnexis

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.

A joint resolution, H.J. Res. or S.J. Res., is a legislative proposal that requires the approval of both Chambers and the signature of the President, just as a bill does, in order to have the force of law.

Joint resolutions from each House are assigned a number in the order in which they are introduced. Joint resolutions may be introduced in either Chamber and generally are used for limited matters such as continuing or emergency appropriations or the designation of a commemorative holiday.

There is little practical difference between bills and joint resolutions, although only a joint resolution may be used to propose amendments to the Constitution. In the case of a Constitutional amendment, the signature of the President is not required, but three-quarters of the states must ratify the proposed amendment before it can become part of the Constitution.

Prior to the 77th Congress (1941), laws enacted by joint resolutions were numbered separately from bills in the Statutes at Large, but since that time there has been no distinction made between laws that were introduced as bills and laws that were introduced as joint resolutions.

Post Reply | Private Reply | To 67 | View Replies
GOP Sen. Susan Collins says she’d back resolution against Trump emergency declaration
2/20/2019, 4:45:10 PM · 67 of 76
morphing libertarian to morphing libertarian

Familiar with USSC decisions on emergence. However the NEA was passed in 1976 and proscribes a joint resolution of congress to overturn the president’s declaration. Not a law suit.
This is why Trump should declare that the judiciary has no say in the response to national emergency. The code below gives congress the responsibility for checks and balances on emergency declarations. They can overrule with joint resolution.

You can’t ensure national security when your response is subject to judicial fiat of 1 or 3 judges.

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

[rintintin]

The issue isn’t cowardice or fecklessness. Just the opposite, the GOP folks oppose the wall. Their donors are for open borders, and the GOPee is standing STRONG for these donors. There’s nothing cowardly about it — they’re just bastards who believe the opposite of Trump.

[petitfour]

Identify their donors specifically.

[ProtectOurFreedom]

"Constitutional crisis" -- is there ANYTHING these days that doesn't create that? What a pantywaist. Here's an interesting contrast.

April 21, 1914. U.S. INVADES Veracruz, Mexico. Did that create a constitutional crisis? The nation was so much smarter 100 years ago as it didn't worry about such BS.

Why did we invade? Ostensibly because the Mexicans would not provide a 21 gun salute as an apology for detaining nine unarmed U.S. sailors who had gone ashore at the Mexican port of Tampico to purchase gasoline and wandered into an area off limits to foreigners.

Wilson went to a hastily called joint session of Congress to ask for legislation to authorize U.S. military action. Within hours the House voted overwhelmingly to approve Wilson’s request [to invade Mexico]. The Senate took two days to act, but it too voted to use force against Mexico.

Over the past 40 years or so, Mexico has launched a full-scale invasion of the U.S. and we seemingly can't lift a finger to stop it. What a different country we live in.