Posted on 02/14/2019 8:29:36 PM PST by Blogger
President Trump will take dramatic actions to fund his long-promised border wall and declare a national emergency, which will enable his administration to move $8 billion from various federal agencies to fund the project, a senior administration official told Fox News late Thursday.
The news comes as Trump is expected to sign a House border security package that provides $1.4 billion for the project, which is far below the $5.7 billion Trump insisted he needed and would finance just a quarter of the 200-plus miles he wanted.
Sarah Sanders, the White House press secretary, said earlier today that Trump will sign the spending bill and declare a national emergency at the same time tomorrow morning.
The White House said he’d sign the legislation but act unilaterally to get more, prompting condemnations from Democrats and threats of lawsuits from states and others who might lose federal money or said Trump was abusing his authority.
(Excerpt) Read more at foxnews.com ...
“With all of that in the bill what sense does a wall make?”
A pyrrhic victory to rub in conservative faces.
That’s all.
We’ve been had.
Let’s see how this will go. Some judge in the 9th Circuit will issue some type of order to halt any construction. 9th will uphold it. It will be expedited to the Supreme Court and in about 6 months they will uphold it 5-4 with Roberts voting in the majority.
Meanwhile over in the House the majority will issue Articles of Impeachment. A number of the Never Trumpers in the GOP will vote to affirm. It will be sent to the Senate where, contrary to Bill Xlinton’s case, a real trial with real, live witnesses appearing will be conducted with that same Never Trumper Roberts sitting on the Bench lording over the process.
Then it will be touch and go to see how many of the feckless Republicans will vote to convict.
Of course this is all conjecture on my part.
he is having to take the money from areas like the military and drug interdiction programs. I am sure he would rather of used money that was funded by congress. I also am sure that the 8 billion was the limit because he could not take more with out impacting the agencies significantly that the money came from. theses programs all had wording with in the funding that can be interpreted as building a wall.....also I believe that the way the bill was written it is only that 1.3 billion that has the rules governing how it is spent.
Sick of the naysayers talking about judges all the time.
DOD couldn’t even get a clean audit under Trump while Mattis was Def Secty.
Coulter is totally right on this, unfortunately. And that makes her right to speak out.
All too plausible a scenario.
This is the best we can expect for now. It sucks but it sure as hell isn’t for lack of effort on Trump’s part.
5 Decades of watching “them” at work. Yes sir it is plausible. Time will tell.
You sure couldn’t tell it on FR tonight. You would have thought the sky was falling.
I’m team Trump in 2020. I can’t believe the number of posters posting in this forum tonight who are claiming they refuse to vote Trump in 2020 over this issue.
Actually, there are two possibilities.
1. We prevail in court and the wall is under construction in 2020. We win.
2. We don't prevail in court and the emergency declaration is thwarted. This gives President Trump a huge campaign issue and he is re-elected. He brings enough Rs into office that we can pass a wall appropriation. We win.
Of course there is a third possibility. RBG either retires or expires before SCOTUS gets the issue. We win.
Do elections even matter? It’s become incredibly obvious that most of the GOP has absolutely no intention of slowing the flood of immigration.
Even when the GOP controls the government, the liberals ultimately win.
there in a third option. Trump tells the court they have no standing. The federal court gives congress the authority to override an emergency declaration, not the court. You can’t manage emergencies by judicial fiat of 1-3 judges. And wait for appeals and so forth.` Any suit with congress involved should be automatically rejected anyway since congress has the power to stop the declaration.
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
He has to do this!
As long as the FBI can be run by criminals.
As long as the dems can do whatever they please.
As long as the media won’t give Trump any kind words anyway.
As long as the GOP acts like they are afraid of everything and lets Trump hang out there alone.
As long as obama did what he pleased and it was “wonderful”.
As long as hillary can do all she has done and gets a huge break... so far.
As long as they tried to undo an election and take it into their hands to remove our President.
As long as they have investigated for nothing and let the guilty off... and lie about it and everything else.
As long as congress has no intentions of helping Trump.
As long as they intend to use these illegals for illegal votes to keep their power.
As long as congress NEVER plans on giving any help to Trump and they never were going to do a wall.
Trump has every right to get this done for we the people... no other president nor no other congress has even tried. We have a President who will...
PRESIDENT TRUMP.....
GO FOR IT!
We are with you!!
Well we cleaned out the house of RINOS at the cost of having Dem control for 2 years, so do we clean out the senate and RISK having Dem control there, this has become just a nightmare for this country WHY in the hell do these constituents keep re-electing these bastards KNOWING they lie to get elected and then vote for the lobbyists at every DAMN TURN!!! Most of these asshats have been in office for decades how long does it take for these constituents to learn their DAMN LESSON!!! McConnel and McCain have been a nightmare FOREVER, McCain had to drop dead to be rid of him, if he hadn’t died he would have been elected AGAIN just sickening!!!
The wall is a symbol not a solution and an incomplete wall isn't even a symbol, at least not a good one.
He's the most loyal, rock solid politician I can remember in my lifetime and the stakes couldn't be higher. Its doubtful we will be blessed with anyone as dedicated to the greatness of this country or as loyal to the working class again.
“I knew it. Screw Congress. Trump will fight these SOBs and build the wall. He needs to blitz it.”
The problem is, the bill Trump may sign will make any actions he takes later ineffective.
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