Posted on 04/23/2019 4:44:42 PM PDT by Innovative
The House of Representatives filed a motion Tuesday asking a federal court to block the construction of President Donald Trump's signature border wall through funds identified in his emergency declaration before it starts next month.
"Absent this Court's timely intervention, defendants are poised to begin construction on the border wall next month, using funds that Congress declined to appropriate for that purpose," the filing reads. "This Court should therefore issue a preliminary injunction to prevent that irreparable injury to the House."
The Democrat-led House sued earlier this month, arguing that Trump's decision to transfer funds from appropriated accounts to a southern border wall violates the Appropriations Clause of the Constitution. The clause -- found in Article I, Section 8 -- gives Congress power over the designation of federal spending.
(Excerpt) Read more at cnn.com ...
“”’The clause — found in Article I, Section 8 — gives Congress power over the designation of federal spending””
Not under a national emergency...democrats lose
The House is not a coequal branch with the Executive. It is, at best, half of a deliberative body with no effective executive function.
The court cannot find a constitutional prerogative granting the House injury for its failure to deliberate and find for an activity deemed fundamental to the responsibility of the Executive. The Senate can, by a simple act, negate any presumption of authority by the House acting unilaterally.
And the court can try to stop it— however the funding is NOT from anything they control and therefore the question is moot.
President Trump
Democrat Party motto: “Death to America”
How about DoJ start transferring these rogue judges to the most God-forsaken remote open judgeships they can find. I think there is one in Fairbanks Alaska.
President Trump
It has taken way too much time to start building. Every minute that passes is used to find the means to block it from the Rats & open border GOPe.
Ryan was/is a never-Trumper and was from the get-go. He purposely tanked practically from day one, and did absolutely nothing to help Trump in any way. And he gave us all the stink eye on the way out the door by not trying to make sure that the House went to the democRATS.
McConnell has done as little as possible to help Trump and has only worked to advance his own interests.
Be the CIC and tell the black robed thugs to GF themselves.
Build the gdamn wall already!
I would LOVE to see them stop construction on that wall!!!
The Wall was just fantasy.
[[We must take back the House from them. ]]
If there was anything for the GOP to coalesce around, this is it. Instead they are still running away from Trump.
He’s single handedly carrying the agenda and destroying the Democrats in the process. Just look where the left is now. They are insane with insane policy proposals.
The GOP could literally bury the Democrats this cycle if they had any balls. The left is ripe for destruction or at least for tremendous setbacks.
The campaign ads write themselves.
It’s not “Trump’s” border wall, it’s OUR border wall!
Courts have ZERO jurisdiction. BUILD THE FRICKEN WALL TO SAVE THIS NATION!!
Democrats declaring war on the USA! They talk about money running out for Social security and Medicaid. Maybe if they would stop funding the illegal foreign invaders there would be money for these programs.
If they went to the 9th Circus, and Trump doesn’t build in their territory, then no case.
“I thought Trump was using house provided funds first?”
There are actually a few different pots of money, subject to different rules.
The House appropriated about $1.4 billion for border barrier building in FY 2019, tagged for 55 specific miles in the Rio Grande Valley of South Texas. That money has not yet gone onto contracts. They got it in February, and contracting has been running roughly 3-6 months, (which is still quick compared to the norms for Government construction projects).
The first 2019 money getting tapped is $1 billion out of DoD counter-Narcotics accounts, for 57 miles in New Mexico and Arizona. That does not require a declaration of emergency. Legislation specifically authorizes those funds to be spent for border fences, roads and lighting. The Administration has announced that they intend to spend a total of $2.5 billion from that account this year, and another $600 million from Treasury Department asset forfeiture accounts - which also does not require a declaration of emergency.
Altogether, that adds up to around $4.5 billion, before an emergency declaration is needed to tap into unobligated funds in Military Construction (MILCON) accounts. The administration wants to spend $3.6 billion out of MILCON. That is where plaintiffs can challenge the emergency, but also those accounts require taking the money from specific projects - so somebody’s ox gets gored every time. So that is the toughest fight.
Even though the strongest challenge can be brought against raiding existing MILCON projects under an emergency declaration, the legal basis is still mighty weak. Existing law specifically authorizes the President to do specifically that. Congress formally appropriated the funds into that account, and formally authorized the President to use them if he determined there was an emergency.
The bottom line is that most courts would not support the Democrats motion, and the Supreme Court is likely to ultimately support the President on this. The Democrats are careful to only bring cases before carefully selected ideologically liberal judges, whose appeals will handled in the most liberal Ninth Circuit.
DoD was the first this fiscal year to get funds on contract - blazingly fast by normal standards. The House appropriated funds in the Rio Grande Valley have to accommodate more private land disputes, as well as additional restrictions inserted by Congressman Cuellar (D, Los Zetas), like blocking out certain areas, and requiring separate approvals from five different local Governments. If not for those roadblocks, work would have started there in February.
Court does not have final or any say in disagreement between Congress and POTUS.
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