national emergencies -> 31 in all

[dilbert firestorm]

https://thehill.com/opinion/white-ho...-likely-to-win

It is true that Congress has power of the purse, but it has given the president a fair amount of powers on national emergencies and its funding thereof.

As of 1973, congress had passed more than 470 statutes granting national emergency powers to the president. National emergency declarations under those statutes were rarely challenged in court.

50 U.S.C 1601 1976 National Emergencies Act (NEA)
The president must:
Specify the provisions of law under which he intends to act;
Transmit the declaration to congress immediately and publish it in the Federal Register;
Maintain a file and index of orders, rules, and regulations issued pursuant to the declaration;
Provide reports to congress on expenditures directly attributable to the declaration.

10 U.S.C. § 2808 emergency military construction authority
33 U.S.C. 2293 gives the president the authority to reprogram certain civil defense funds
Secure Fence Act of 2006 (Public Law 109-367)

there are a few more of those laws Trump can use in conjunction with the NEA.

http://thefederalist.com/2019/02/19/...cy-build-wall/

This is a legal analysis of Trump's move.

In the absence of federal laws prohibiting the deployment or use of the armed forces (e.g., the Posse Comitatus act prohibits the Army and Navy from engaging in domestic law enforcement), the president’s discretion on whether use of the armed forces is required to secure and defend the United States is absolute.

Similar to the law authorizing the president to declare a national emergency, nowhere in the statute at issue does Congress set forth certain conditions that must be met prior to determining that the use of the U.S. military is required.

Trump is operating within the bounds of a clearly defined and narrow delegation of authority within the realm of appropriations law.

[oeb11]

Thanks DF!
Great research!

[dilbert firestorm]

that is why those 16 lawsuits will fail. they might win on some minor points.


now the big unanswered question is.. will the courts declare the NEA law unconstitutional???


it does seem to violate the constitutions power of the purse article by discharging the funding authority to the president.

[WTF]

Originally Posted by dilbert firestorm

that is why those 16 lawsuits will fail. they might win on some minor points.


now the big unanswered question is.. will the courts declare the NEA law unconstitutional???


it does seem to violate the constitutions power of the purse article by discharging the funding authority to the president.

Exactly dilbert.

Now you get it.

After all that other bs.

Your last post nails it.

I think Roberts will fuck Trump in this regard.

[oeb11]

OAN reported the Pelosi led House DPST's are preparing a bill to negate Trump's Declaration of National Emergency. Likely to be passed in the House, likely not the Senate. Even if passed in the Senate and submitted for Trump's signature - Veto would likely doom it.
Let the DPST's spin their wheels

await Muller results
Go Snipe hunting
Maybe someday find something constructive to do.

[SpeedRacerXXX]

Originally Posted by oeb11

OAN reported the Pelosi led House DPST's are preparing a bill to negate Trump's Declaration of National Emergency. Likely to be passed in the House, likely not the Senate. Even if passed in the Senate and submitted for Trump's signature - Veto would likely doom it.
Let the DPST's spin their wheels

await Muller results
Go Snipe hunting
Maybe someday find something constructive to do.

I'll say it again and maybe it will sink in. Public opinion is majorly AGAINST Trump declaring a National Emergency in order to get funding for his wall. Trump's base loves it!! He will not win in 2020 with just his base voters. Obviously his decision did not go over well with Democrats but Independents, who will be the primary determining factor in who becomes POTUS in November 2020, are mostly against it too.

Unless you can come up with some information that says otherwise.

[gnadfly]

Originally Posted by SpeedRacerXXX

I'll say it again and maybe it will sink in. Public opinion is majorly AGAINST Trump declaring a National Emergency in order to get funding for his wall. Trump's base loves it!! He will not win in 2020 with just his base voters. Obviously his decision did not go over well with Democrats but Independents, who will be the primary determining factor in who becomes POTUS in November 2020, are mostly against it too.

Unless you can come up with some information that says otherwise.

Link about the public being against the border wall national emergency?

[SpeedRacerXXX]

Originally Posted by gnadfly

Link about the public being against the border wall national emergency?

"More than 6-in-10 Americans disapprove of President Trump's decision to declare a national emergency so he can build barriers along the U.S border with Mexico, a new NPR/PBS NewsHour/Marist poll finds."

https://www.npr.org/2019/02/19/69572...onal-emergency

"Nearly 70 percent of those polled in a new survey say they would oppose President Trump declaring an emergency to build a wall on the Mexican border.

Sixty-nine percent of those surveyed in The Hill-HarrisX survey conducted Jan. 12-13 said they do not want the president to designate the border a national emergency site. Just 31 percent of respondents said they wanted such a declaration."

https://thehill.com/hilltv/what-amer...t-wants-him-to

[dilbert firestorm]

Originally Posted by WTF

Exactly dilbert.

Now you get it.

After all that other bs.

Your last post nails it.

I think Roberts will fuck Trump in this regard.

you do realize that the court depending how they see it, would have to rule NEA unconstitutional as a whole not just on Trumps actions, but negating 6 president's NEA orders.


congress wrote that mess. that mess could have been avoided had they done their jobs.


the constitutionality of the NEA was never really questioned. we'll find out soon enough.