Yes, The President Can Declare A 'National Emergency' To Build A Wall

[Rich2018]

Only if he violates the law.

You clearly have no idea on how the law works.


Whether he violates the law is up to the courts to decide. They interpret the law.


There are so many levels of law...if Trump was to declare a national emergency, it would immediately be challenged and nothing would happen for years. That's assuming Trump is still president in 2021.


However Trump could produce a constitutional crisis that a future Congress would have to eliminate.
Republicans are so fond of saying that a Republic means the rule of law....we will see if they're right in 3 weeks perhaps.

 

[beefheart]

On what basis? Because some random dude on the internet said so?

 

[Gaugingcatenate]

Contrary to continuing Left Myth here and elsewhere, the POTUS ABSOLUTELY CAN declare a national emergency at the border, declare a WALL AS THE SOLUTION, and divert funding from other Executive Branch areas to pay for it:


Yes, The President Can Declare A 'National Emergency' To Build A Wall



The president is correct

Some scholars of presidential emergency powers say there is next to nothing, at least procedurally, that Capitol Hill could do to stop Trump from exercising what lawmakers of all stripes agree is his right to declare a national emergency.

"Congress chose not to put any substantial — or really any — barriers on the president's ability to declare a national emergency," says Elizabeth Goitein, co-director of the Brennan Center for Justice's Liberty and National Security Program.

"So if he can really just sign his name to a piece of paper, whether it is a real emergency or not," she adds, "that creates a state of emergency that gives him access to these special powers that are contained in more than 100 different provisions of law that Congress has passed over the years."

Trump has already invoked national emergency powers on three occasions, adding to the 28 earlier national emergency measures that remain in effect.








https://www.npr.org/2019/01/09/683501440/congress-aims-to-control-presidents-emergency-powers



~From the National Emergencies Act of 1976 (amended in 1985):



The Act authorized the President to activate emergency provisions of law via an emergency declaration on the conditions that the President specifies the provisions so activated and notifies Congress. An activation would expire if the President expressly terminated the emergency, or did not renew the emergency annually, or if each house of Congress passed a resolution terminating the emergency. After presidents objected to this "Congressional termination" provision on separation of powers grounds, it was replaced in 1985 with termination by an enacted joint resolution. This means that for Congress to rescind a declared emergency, not only must they pass the joint resolution, but the President must sign the legislation. The Act also requires the President and executive agencies to maintain records of all orders and regulations that proceed from use of emergency authority, and to regularly report the cost incurred to Congress. ~


https://en.wikipedia.org/wiki/National_Emergencies_Act

:lamo:lamo:lamo EXACTLY

 

[Gaugingcatenate]

If he could have successfully he would have by now.

Nah, sorry, another poor analysis by you. He is giving the Dems, stretch face Pel specifically, enough rope to hang themselves.

Fun to watch.

 

[apdst]

You clearly have no idea on how the law works.


Whether he violates the law is up to the courts to decide. They interpret the law.


There are so many levels of law...if Trump was to declare a national emergency, it would immediately be challenged and nothing would happen for years. That's assuming Trump is still president in 2021.


However Trump could produce a constitutional crisis that a future Congress would have to eliminate.
Republicans are so fond of saying that a Republic means the rule of law....we will see if they're right in 3 weeks perhaps.

If no law is violated, the court has no choice but to recognize that fact. The court doesn't have the authority to interpret the law, nor The Constitution at will.

 

[Gaugingcatenate]

And, if he does it, they will. That is why we have a balance of powers. But the cultists just want the cult leader to act like a dictator. They aren''t the smartest people....

No, you are wrong about all of it, especially those last sillinesses, but as well all know the ad hom is your continuous loop schtick.

Congress and the executive branch together, two to one of the co-equals, outweigh the judicial branch. It only stands to reason, which is probably the major reason why you cannot see it.

 

[beefheart]

No, you are wrong about all of it, especially those last sillinesses, but as well all know the ad hom is your continuous loop schtick.

Congress and the executive branch together, two to one of the co-equals, outweigh the judicial branch. It only stands to reason, which is probably the major reason why you cannot see it.

How come so many of Trump's people are indicted or in jail?

:lamo

 

[Gaugingcatenate]

How come so many of Trump's people are indicted or in jail?

:lamo

:lamo:lamo:lamo

Two words. Witch hunts... how many of them are for crimes of collusion with the Russians? None. How many were crimes committed by a few way before the Trump campaign? Several. How many of them were crimes committed against them by a corrupt Muel investigation, pretty much all the rest.

Its a scam, its the insurance policy, keep the heat on Trump to keep the public distracted from all the criminal conspiracies occurring under the slenderman regime that they all thought were gonna be swept under the rug with the election of the crooked fat lady.

Election night they all **** their panties.

 

[beefheart]

:lamo:lamo:lamo

Two words. Witch hunts... how many of them are for crimes of collusion with the Russians? None. How many were crimes committed by a few way before the Trump campaign? Several. How many of them were crimes committed against them by a corrupt Muel investigation, pretty much all the rest.

Its a scam, its the insurance policy, keep the heat on Trump to keep the public distracted from all the criminal conspiracies occurring under the slenderman regime that they all thought were gonna be swept under the rug with the election of the crooked fat lady.

Election night they all **** their panties.

Yeah...that's it...witch hunts.

Funny thing is, there sure are a lot of witches, aren't there?

 

[Gaugingcatenate]

Yeah...that's it...witch hunts.

Funny thing is, there sure are a lot of witches, aren't there?

Ever read about Salem? How many real witches do you think were there, eh? Obliviously you won't get the point, but tough.

 

[Grokmaster]

If he could have successfully he would have by now.

Try reading the QUOTED LAW.

If the Illegal-o-crats do NOT HONOR THEIR AGREEMENT...he will.

 

[Grokmaster]

Declaring and building are two very different things.

Trump just suffered a massive political defeat.

As Dirty Harry asked: "Are you feeling lucky punk?"

Only to a fool was that a defeat. The Congress has three weeks to get its **** together...

 

[Grokmaster]

Some of our erstwhile posters post like they have grown up in an autocratic system and simply do not understand ours.

Trump has already tried to throw Article 1 off the cliff edge. That did not work. Not only did it not work, it made enemies for him from his own party. Anybody that thinks Senators telling McConnell that this is HIS FAULT are dreaming if they think that was about Mitch stonewalling on the face of it. They are pissedoff because Mitch was complicit in an effort that risked their very jobs. If Trump absconds with the Power of the Purse via extortion no less, there is literally no need for Congressmen and Senators and they know it! If Ryan were still around they would be ripping him a new and wider butt hole too.

So in contending that Trump can just ignore the Courts if it came to that, you are suggesting that having failed at tossing Article 1 off the cliff edge, he is going to succeed at throwing Article 3 off the cliff edge. Sorry....not the way it works here. All that will compel is both the Courts and the Hill ganging up on DonDon.

I have said it before and I will say it again, maybe to my grave...."Washington always wins". In this case, its not just DC but George and his buddies, Thomas and James and Benjamin and Samuel and Alexander etc etc etc.

Please quote the Article 1 wording you keep alluding to.

 

[beefheart]

Ever read about Salem? How many real witches do you think were there, eh? Obliviously you won't get the point, but tough.

Ever figure out what "analogy" means?:lamo

 

[Nickyjo]

Not only can the president declare an emergency.
He can ignore the courts.
And he can use the military however he wants.

But he's feckless, so it's just a dream.

You do understand we have a constitution and constitutional remedies for would-be dictators? Stay feckless, Donald. You'll be better off.

 

[Nickyjo]

Only to a fool was that a defeat. The Congress has three weeks to get its **** together...

Another shutdown? If he tries, another Eastwood quote from Dirty Harry (aka Nancy) is apt: "Go ahead, make my day."

 

[jnug]

Try reading the QUOTED LAW.

If the Illegal-o-crats do NOT HONOR THEIR AGREEMENT...he will.

Try reading the Youngstown Steel ruling. Trump can declare it. He won't get away with it. If he could get away with it, he would have by now. I would encourage you to read post 10 of this thread in order to understand why it won't work just as trying to toss Article 1 off the cliff edge did not work.

Trump is teasing it just as he teases his other "magical powers". Its part of his standard playbook.
A) it will not get him his wall which he frankly never wanted anyway
B) it will expose another LIE, that being that you cans stack the SC

 

[Nickyjo]

I hope he does it. I hope he declares the National emergency and tries. It will be a fascinating study into how our system of checks and balances plays out.

Strange notion. "There is not an emergency now, but I will declare one in three weeks when there will be."

 

[Skeptic Bob]

Strange notion. "There is not an emergency now, but I will declare one in three weeks when there will be."

Good point

 

[Gaugingcatenate]

You clearly have no idea on how the law works.


Whether he violates the law is up to the courts to decide. They interpret the law.


There are so many levels of law...if Trump was to declare a national emergency, it would immediately be challenged and nothing would happen for years. That's assuming Trump is still president in 2021.


However Trump could produce a constitutional crisis that a future Congress would have to eliminate.
Republicans are so fond of saying that a Republic means the rule of law....we will see if they're right in 3 weeks perhaps.

And you, apparently, don't know how the system can, and often does, function.

That may be how the "law works", but Trump merely, a la slenderman NRB appointment rules [ see https://www.nytimes.com/2013/01/26/business/court-rejects-recess-appointments-to-labor-board.html ], just assigns his executive branch to spend the money and start building, adding on to existing walls, barriers what have you, while it wends its way through the courts.

He has the full legal authority to do so, as per the law, and so he can, probably will, do it.

Who is gonna stop him? Who will take down the wall after its built? Nobody. Some will try, but as you said, it will be challenged and nothing against it will happen for years.

When its all said and done it will be... done.

 

[Gaugingcatenate]

Another shutdown? If he tries, another Eastwood quote from Dirty Harry (aka Nancy) is apt: "Go ahead, make my day."

If ol stretch face doesn't negotiate in good faith, ie, give in on some substantial border wall wall wall funding, Trump will have shown she was never intending to negotiate in good faith and bam... shut down and it will be HER shut down. Genius.

The wall goes up no matter what... Trump wants to get reelected and he cannot otherwise... you see, we demand it.

 

[jnug]

If ol stretch face doesn't negotiate in good faith, ie, give in on some substantial border wall wall wall funding, Trump will have shown she was never intending to negotiate in good faith and bam... shut down and it will be HER shut down. Genius.

The wall goes up no matter what... Trump wants to get reelected and he cannot otherwise... you see, we demand it.

The wall as envisioned during Trump's campaign NEVER GOES UP. There, fixed it for you.

And:
Not being competent enough politically or motivated enough to gain the funding for something you claim to want as President IS NOT a National Emergency. He can declare it. It won't work and he probably knows it. That notion of National Emergency is an absurdity.

If Trump really wanted it, and if the GOP really wanted it they could have used Reconciliation in 2018 to get it just as they used their Reconciliation shot in 2017 for the Tax Break. Under Reconciliation, they would have only needed a simple a majority in the Senate to get it passed and a simple majority in the House both of which they had. Bing....bang....bong.....Wall. Did they do it? NO! Did they try to do anything via process in 2018 to get it? NO!

 

[Airyaman]

Mexico will pay for the wall - cheer!

You will pay for the wall! - cheer!

I can’t get congress to play ball because I lied about how it will be funded, I even held a million peoples pay checks hostage to force the issue, seems I’ve failed so I might declare an imaginary emergency so I can force the military to do it - cheer!

If that isn’t a cult, I don’t know what is.

I kinda chuckled when people called The Wall(TM) Trump's "golden calf".

Now I believe it.

 

[Thoreau72]

POTUS can declare that the Emperor's New Clothes are beautiful and spectacular, but if he's actually not wearing any clothes, how does that make POTUS look?

 

[Gaugingcatenate]

The wall as envisioned during Trump's campaign NEVER GOES UP. There, fixed it for you.

And:
Not being competent enough politically or motivated enough to gain the funding for something you claim to want as President IS NOT a National Emergency. He can declare it. It won't work and he probably knows it. That notion of National Emergency is an absurdity.

If Trump really wanted it, and if the GOP really wanted it they could have used Reconciliation in 2018 to get it just as they used their Reconciliation shot in 2017 for the Tax Break. Under Reconciliation, they would have only needed a simple a majority in the Senate to get it passed and a simple majority in the House both of which they had. Bing....bang....bong.....Wall. Did they do it? NO! Did they try to do anything via process in 2018 to get it? NO!

Screw your lame opinions on what is a national emergency or not.

He will build it because we voted him in AND WE DEMAND IT. All the rest is the particulars to get it done. Trump was born with more competence and motivation in just his left pinky than a slenderman or the crooked fat lady could ever have hoped to aquire by a lifetime of experience. Which, by the way, they have not done, they've squandered their lives on the sillinesses in life while he was out there doing, building things.

Trump tried to work within the established system as best he could his first two years. Now he, and we, see that system is totally broken and he needs just take action. Once he starts, with his ENTIRE BASE BEHIND HIM, try to stop us. You won't, you can't, we are stronger, more motivated and more skilled than you overeducated do nothings... your party of choice is a...

JOKE.