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

[Grokmaster]

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

 

[phattonez]

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.

 

[jnug]

If he could have successfully he would have by now.

 

[phattonez]

If he could have successfully he would have by now.

He could also have passed an executive order regarding birthright citizenship. He teased it and did nothing with it.

I hope he gets primaried.

 

[Gaius46]

While you’re probably correct in terms of the letter of the law - Congress has stupidly granted the President an obscene amount of power in it’s rush to not have to take responsibility for anything.

However I can see a mountain pointing out that this sure is a strange emergency where we can wait weeks or months - or more accurately years - to declare it. In other words while the President has the authority to declare an emergency that presupposes and actual emergency and it’s not at all clear that the President can call the situation at the border an emergency when his actions clearly point to the fact that it isn’t.

 

[Gaius46]

He could also have passed an executive order regarding birthright citizenship. He teased it and did nothing with it.

I hope he gets primaried.

An executive order that would be unconstitutional on its face.

 

[Tanngrisnir]

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

Of course he can. And the courts can shoot it down.

 

[Tanngrisnir]

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.

Nah. He actually can't do that.

You're welcome!

 

[Rogue Valley]

Declaring and building are two very different things.

Trump just suffered a massive political defeat.

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

 

[jnug]

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.

 

[Mr Person]

Again,

"No border security plan can never work without a physical barrier."

1. A physical barrier is not enough

2. We have many.

3. Even a complete physical barrier is not enough without massive oversight. Tunnels, ropes, bridges, ladders, catapults, etc. Massive oversight along 2000 miles of wall is an expense they don't want to talk about. Hundred(s) of billions yearly, forever. Way more expensive than the total cost of having illegals ( a much fought-over number)

3a. Be honest about the money necessary for the kind of oversight that would stop this.

4. Even a wall with perfect oversight would only block 25%ish of illegals. At most. It will not block that much, as they use different routes (ie, by sea, etc., smuggling via even trickier secret compartments, etc.)

5. If we want to do something about this, we need to cut off the reason to come her. Ramped up national e-verify, ramped up enforcement against employers of illegals ("bigly" ramped up), and penalties for employing them so great they cannot be considered a cost of business. Better monitoring/check-ins of visa holders. That would do way more than a wall, and would be cheaper. Try that first if you're honest.

6. At the very least, instead of a stupid wall, stuff like personnel/infrastructure for drone monitoring, movement sensors, cameras, etc., and rapid movement of DHS/ICE/Border Patrol personnel.

7. Any national emergency declaration still has to fight through eminent domain cases, which won't be final until well after Trump is president. The only way around that is forcing a true constitutional crisis via military coup, or rebellion of domestic law enforcement forces. You - 'small government' conservatives - want the government to steal land from property owners to further a policy.

We saw how much you hated the idea of having to buy insurance. Just imagine if Obama had seized your real property if you didn't have insurance. And don't try to say diseases like cancer are not an "invasion."



Extra credit: the GOP refused 46 BILLION for smart non-wall border security in 2013 because Obama, that's why. This is a stunt. They know it won't work and they know that's why the Dems don't want it. They want the Dems to refuse. They want that to whip up their base, who either don't look at this in depth or just don't care about whether a program works, only wanting a show of standing on principle (alleged principle, really)

Bottom lines: (A) maybe 100,000 people in the country want open borders, if that. Screw them. Everyone else wants border security. (B) The wall is stupid as all hell.

 

[Skeptic Bob]

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.

 

[lwf]

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.

I see three options for him.

1. Cave to democrat demands, fund the government, and get roasted by his base.
2. Don't cave, let the government shut down again, and get roasted by everyone else in America, only to be humiliated by Pelosi again when he once again relents without the wall money.
3. Declare a national emergency, have it immediately spiked by the courts, and have to go crawling back to Pelosi to beg for more money.

At this point even if I were a die-hard Trump supporter I'd have to say option 1 is the least of the three evils. The most dangerous thing Trump could do for himself right now is to refuse to admit to himself that he's lost.

 

[RaleBulgarian]

He can ignore the courts. And he can use the military however he wants.

Really? He can ignore SCOTUS? He can use the military however he wants?

He could also have passed an executive order regarding birthright citizenship. He teased it and did nothing with it.

Change the Constitution by EO?

I hope he gets primaried.

Maybe he won’t last that long.

 

[apdst]

Of course he can. And the courts can shoot it down.

Only if he violates the law.

 

[RaleBulgarian]

Only if he violates the law.

And it will take time for the many lawsuits to be concluded. The next president could even just cancel the “emergency” and the whole thing goes away.

 

[phattonez]

Really? He can ignore SCOTUS? He can use the military however he wants?

Ask Andrew Jackson.

Change the Constitution by EO?

The constitution explicitly states that anchor babies are citizens? I must have missed that one.

 

[beefheart]

Of course he can. And the courts can shoot it down.

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....

 

[apdst]

And it will take time for the many lawsuits to be concluded. The next president could even just cancel the “emergency” and the whole thing goes away.

While the lawsuits are going through the system, the wall will be in the process of construction.

 

[apdst]

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....

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

 

[Casper]

Again,

"No border security plan can never work without a physical barrier."

1. A physical barrier is not enough

2. We have many.

3. Even a complete physical barrier is not enough without massive oversight. Tunnels, ropes, bridges, ladders, catapults, etc. Massive oversight along 2000 miles of wall is an expense they don't want to talk about. Hundred(s) of billions yearly, forever. Way more expensive than the total cost of having illegals ( a much fought-over number)

3a. Be honest about the money necessary for the kind of oversight that would stop this.

4. Even a wall with perfect oversight would only block 25%ish of illegals. At most. It will not block that much, as they use different routes (ie, by sea, etc., smuggling via even trickier secret compartments, etc.)

5. If we want to do something about this, we need to cut off the reason to come her. Ramped up national e-verify, ramped up enforcement against employers of illegals ("bigly" ramped up), and penalties for employing them so great they cannot be considered a cost of business. Better monitoring/check-ins of visa holders. That would do way more than a wall, and would be cheaper. Try that first if you're honest.

6. At the very least, instead of a stupid wall, stuff like personnel/infrastructure for drone monitoring, movement sensors, cameras, etc., and rapid movement of DHS/ICE/Border Patrol personnel.

7. Any national emergency declaration still has to fight through eminent domain cases, which won't be final until well after Trump is president. The only way around that is forcing a true constitutional crisis via military coup, or rebellion of domestic law enforcement forces. You - 'small government' conservatives - want the government to steal land from property owners to further a policy.

We saw how much you hated the idea of having to buy insurance. Just imagine if Obama had seized your real property if you didn't have insurance. And don't try to say diseases like cancer are not an "invasion."



Extra credit: the GOP refused 46 BILLION for smart non-wall border security in 2013 because Obama, that's why. This is a stunt. They know it won't work and they know that's why the Dems don't want it. They want the Dems to refuse. They want that to whip up their base, who either don't look at this in depth or just don't care about whether a program works, only wanting a show of standing on principle (alleged principle, really)

Bottom lines: (A) maybe 100,000 people in the country want open borders, if that. Screw them. Everyone else wants border security. (B) The wall is stupid as all hell.

Well Done.

 

[Jetboogieman]

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.

 

[RaleBulgarian]

While the lawsuits are going through the system, the wall will be in the process of construction.

Nope. That’s not how it works.

 

[Mr Person]

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.

Now, drink this kool-aid. Ignore the bitter taste. It's a new flavor.

 

[RaleBulgarian]

Ask Andrew Jackson.

Weak argument. We both know you had to go all the way back to Jackson for a reference because SCOTUS was in it's infancy and did not have the recognition/acceptance yet as the United States’ highest court and arbiter of justice. No president since Jackson has repeated his error, and there have been several have tried.

The constitution explicitly states that anchor babies are citizens? I must have missed that one.

You must have been reading the bigots version.