Trump's wall idea is dead

--------------------------------------------- in your OPINION BBee .

In reality. Whether a President can override the Constitution by calling a national emergency is the issue. It does clash with the Constitution which grants the power of the purse to Congress.
There is no Constitutional issue. Congress passed the National Emergencies Act in 1976 which give the president the power to declare a national emergency whenever he likes and detailing 123 emergency powers he can exercise without approval by Congress and amended the Act in 1985, so that Congress could not rescind a national emergency without the agreement of the president. The law only imposes certain procedural requirements on the president and as long as he follow them and stays within the emergency powers detailed in the Act, neither Congress nor the Courts has any jurisdiction over what he does.

A veto proof joint resolution in congress would override it.

Furthermore, the Constitution doesn't actually define what constitute High Crimes and Misdemeanors either. Some in Congress might just say that declaring an emergency where no emergency actually exists in order to pursue a purely political agenda is an abuse of power.
A veto proof majority in both houses could overturn the National Emergencies Act and an impeachment and conviction of the President and the VP could also end the the national emergency, but neither of these is going to happen and there are no other ways to stop it.

They can end a specific declared national emergency.

Let him declare one to build his wall and see how public opinion goes. Then we'll see how long the GOP stays Trumpublicans. They turned on Nixon too......
No, they can't.

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 powersgrounds, 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.

National Emergencies Act - Wikipedia
 
--------------------------------------------- in your OPINION BBee .

In reality. Whether a President can override the Constitution by calling a national emergency is the issue. It does clash with the Constitution which grants the power of the purse to Congress.
There is no Constitutional issue. Congress passed the National Emergencies Act in 1976 which give the president the power to declare a national emergency whenever he likes and detailing 123 emergency powers he can exercise without approval by Congress and amended the Act in 1985, so that Congress could not rescind a national emergency without the agreement of the president. The law only imposes certain procedural requirements on the president and as long as he follow them and stays within the emergency powers detailed in the Act, neither Congress nor the Courts has any jurisdiction over what he does.

A veto proof joint resolution in congress would override it.

Furthermore, the Constitution doesn't actually define what constitute High Crimes and Misdemeanors either. Some in Congress might just say that declaring an emergency where no emergency actually exists in order to pursue a purely political agenda is an abuse of power.
A veto proof majority in both houses could overturn the National Emergencies Act and an impeachment and conviction of the President and the VP could also end the the national emergency, but neither of these is going to happen and there are no other ways to stop it.

They can end a specific declared national emergency.

Let him declare one to build his wall and see how public opinion goes. Then we'll see how long the GOP stays Trumpublicans. They turned on Nixon too......
----------------------------- feck public opinion but the public will be ok with it BBoo .
 
70% of the people in the country know the wall is a joke. And then there are the dupes.... It will not work it is an American it is stupid. Pass a national ID card you can use it for your imaginary voting problem too.
 
In reality. Whether a President can override the Constitution by calling a national emergency is the issue. It does clash with the Constitution which grants the power of the purse to Congress.
There is no Constitutional issue. Congress passed the National Emergencies Act in 1976 which give the president the power to declare a national emergency whenever he likes and detailing 123 emergency powers he can exercise without approval by Congress and amended the Act in 1985, so that Congress could not rescind a national emergency without the agreement of the president. The law only imposes certain procedural requirements on the president and as long as he follow them and stays within the emergency powers detailed in the Act, neither Congress nor the Courts has any jurisdiction over what he does.

A veto proof joint resolution in congress would override it.

Furthermore, the Constitution doesn't actually define what constitute High Crimes and Misdemeanors either. Some in Congress might just say that declaring an emergency where no emergency actually exists in order to pursue a purely political agenda is an abuse of power.
A veto proof majority in both houses could overturn the National Emergencies Act and an impeachment and conviction of the President and the VP could also end the the national emergency, but neither of these is going to happen and there are no other ways to stop it.

They can end a specific declared national emergency.

Let him declare one to build his wall and see how public opinion goes. Then we'll see how long the GOP stays Trumpublicans. They turned on Nixon too......
No, they can't.

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 powersgrounds, 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.

National Emergencies Act - Wikipedia

Veto proof means the Presidents signature is not required.
 
70% of the people in the country know the wall is a joke. And then there are the dupes.... It will not work it is an American it is stupid. Pass a national ID card you can use it for your imaginary voting problem too.
Tuesday, February 12, 2019

Most voters rate border control as a national security concern on the level with North Korea and want to secure the border before dealing with the illegal immigrants who are already here.

A new Rasmussen Reports national telephone and online survey finds that 59% of Likely U.S. Voters think border security is a vital national security interest for the United States these days. Thirty-three percent (33%) disagree. (To see survey question wording, click here.)

Voters Rate Border Security As Important As North Korea to National Security - Rasmussen Reports®
 
In reality. Whether a President can override the Constitution by calling a national emergency is the issue. It does clash with the Constitution which grants the power of the purse to Congress.
There is no Constitutional issue. Congress passed the National Emergencies Act in 1976 which give the president the power to declare a national emergency whenever he likes and detailing 123 emergency powers he can exercise without approval by Congress and amended the Act in 1985, so that Congress could not rescind a national emergency without the agreement of the president. The law only imposes certain procedural requirements on the president and as long as he follow them and stays within the emergency powers detailed in the Act, neither Congress nor the Courts has any jurisdiction over what he does.

A veto proof joint resolution in congress would override it.

Furthermore, the Constitution doesn't actually define what constitute High Crimes and Misdemeanors either. Some in Congress might just say that declaring an emergency where no emergency actually exists in order to pursue a purely political agenda is an abuse of power.
A veto proof majority in both houses could overturn the National Emergencies Act and an impeachment and conviction of the President and the VP could also end the the national emergency, but neither of these is going to happen and there are no other ways to stop it.

which brings us back to the title of the thread ...............
Which is false. The fence will be built even as Democrats continue to whine about and file frivolous lawsuits about it and the government will not be shut down because both parties will keep it open with short term resolutions to continue funding under the last budget.

hide and watch Petunia ...
 
There is no Constitutional issue. Congress passed the National Emergencies Act in 1976 which give the president the power to declare a national emergency whenever he likes and detailing 123 emergency powers he can exercise without approval by Congress and amended the Act in 1985, so that Congress could not rescind a national emergency without the agreement of the president. The law only imposes certain procedural requirements on the president and as long as he follow them and stays within the emergency powers detailed in the Act, neither Congress nor the Courts has any jurisdiction over what he does.

A veto proof joint resolution in congress would override it.

Furthermore, the Constitution doesn't actually define what constitute High Crimes and Misdemeanors either. Some in Congress might just say that declaring an emergency where no emergency actually exists in order to pursue a purely political agenda is an abuse of power.
A veto proof majority in both houses could overturn the National Emergencies Act and an impeachment and conviction of the President and the VP could also end the the national emergency, but neither of these is going to happen and there are no other ways to stop it.

They can end a specific declared national emergency.

Let him declare one to build his wall and see how public opinion goes. Then we'll see how long the GOP stays Trumpublicans. They turned on Nixon too......
No, they can't.

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 powersgrounds, 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.

National Emergencies Act - Wikipedia

Veto proof means the Presidents signature is not required.
That's true and a veto proof bill to overturn the National Emergencies Act would end it, but there is no such thing as a veto proof majority to end a specific national emergency as I showed you. As long as the President continues to renew the national emergency Congress cannot end it without overturning the National Emergencies Act.
 
In reality. Whether a President can override the Constitution by calling a national emergency is the issue. It does clash with the Constitution which grants the power of the purse to Congress.
There is no Constitutional issue. Congress passed the National Emergencies Act in 1976 which give the president the power to declare a national emergency whenever he likes and detailing 123 emergency powers he can exercise without approval by Congress and amended the Act in 1985, so that Congress could not rescind a national emergency without the agreement of the president. The law only imposes certain procedural requirements on the president and as long as he follow them and stays within the emergency powers detailed in the Act, neither Congress nor the Courts has any jurisdiction over what he does.

A veto proof joint resolution in congress would override it.

Furthermore, the Constitution doesn't actually define what constitute High Crimes and Misdemeanors either. Some in Congress might just say that declaring an emergency where no emergency actually exists in order to pursue a purely political agenda is an abuse of power.
A veto proof majority in both houses could overturn the National Emergencies Act and an impeachment and conviction of the President and the VP could also end the the national emergency, but neither of these is going to happen and there are no other ways to stop it.

They can end a specific declared national emergency.

Let him declare one to build his wall and see how public opinion goes. Then we'll see how long the GOP stays Trumpublicans. They turned on Nixon too......
----------------------------- feck public opinion but the public will be ok with it BBoo .

If you say so. Have Donnie Dangerously declare a National Emergency where none exists to achieve half of that campaign promise. Take our boys and girls who signed up to defend this nation from real enemies, and turn them into fence builders........Kewl.

That will be the same public who votes next year.
 
There is no Constitutional issue. Congress passed the National Emergencies Act in 1976 which give the president the power to declare a national emergency whenever he likes and detailing 123 emergency powers he can exercise without approval by Congress and amended the Act in 1985, so that Congress could not rescind a national emergency without the agreement of the president. The law only imposes certain procedural requirements on the president and as long as he follow them and stays within the emergency powers detailed in the Act, neither Congress nor the Courts has any jurisdiction over what he does.

A veto proof joint resolution in congress would override it.

Furthermore, the Constitution doesn't actually define what constitute High Crimes and Misdemeanors either. Some in Congress might just say that declaring an emergency where no emergency actually exists in order to pursue a purely political agenda is an abuse of power.
A veto proof majority in both houses could overturn the National Emergencies Act and an impeachment and conviction of the President and the VP could also end the the national emergency, but neither of these is going to happen and there are no other ways to stop it.

which brings us back to the title of the thread ...............
Which is false. The fence will be built even as Democrats continue to whine about and file frivolous lawsuits about it and the government will not be shut down because both parties will keep it open with short term resolutions to continue funding under the last budget.

hide and watch Petunia ...
Whine, whine, whine.
 
There is no Constitutional issue. Congress passed the National Emergencies Act in 1976 which give the president the power to declare a national emergency whenever he likes and detailing 123 emergency powers he can exercise without approval by Congress and amended the Act in 1985, so that Congress could not rescind a national emergency without the agreement of the president. The law only imposes certain procedural requirements on the president and as long as he follow them and stays within the emergency powers detailed in the Act, neither Congress nor the Courts has any jurisdiction over what he does.

A veto proof joint resolution in congress would override it.

Furthermore, the Constitution doesn't actually define what constitute High Crimes and Misdemeanors either. Some in Congress might just say that declaring an emergency where no emergency actually exists in order to pursue a purely political agenda is an abuse of power.
A veto proof majority in both houses could overturn the National Emergencies Act and an impeachment and conviction of the President and the VP could also end the the national emergency, but neither of these is going to happen and there are no other ways to stop it.

They can end a specific declared national emergency.

Let him declare one to build his wall and see how public opinion goes. Then we'll see how long the GOP stays Trumpublicans. They turned on Nixon too......
----------------------------- feck public opinion but the public will be ok with it BBoo .

If you say so. Have Donnie Dangerously declare a National Emergency where none exists to achieve half of that campaign promise. Take our boys and girls who signed up to defend this nation from real enemies, and turn them into fence builders........Kewl.

That will be the same public who votes next year.
----------------------------- as Volunteer boys and girls with a few trannies mixed in they'll do as ordered as payday is just around the corner BBoo .
 
A veto proof joint resolution in congress would override it.

Furthermore, the Constitution doesn't actually define what constitute High Crimes and Misdemeanors either. Some in Congress might just say that declaring an emergency where no emergency actually exists in order to pursue a purely political agenda is an abuse of power.
A veto proof majority in both houses could overturn the National Emergencies Act and an impeachment and conviction of the President and the VP could also end the the national emergency, but neither of these is going to happen and there are no other ways to stop it.

They can end a specific declared national emergency.

Let him declare one to build his wall and see how public opinion goes. Then we'll see how long the GOP stays Trumpublicans. They turned on Nixon too......
No, they can't.

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 powersgrounds, 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.

National Emergencies Act - Wikipedia

Veto proof means the Presidents signature is not required.
That's true and a veto proof bill to overturn the National Emergencies Act would end it, but there is no such thing as a veto proof majority to end a specific national emergency as I showed you. As long as the President continues to renew the national emergency Congress cannot end it without overturning the National Emergencies Act.

I disagree.

"According to NPR, the National Emergencies Act (which was first enacted in 1976 and then edited after parts of it were struck down by the Supreme Court in 1983)allows Congress to override and veto a national emergency, if each chamber approves the override with a majority vote, and if the president subsequently signs the joint resolution. If the president is unwilling to do that, then both chambers of Congress would need to vote in favor of the resolution by at least a two thirds majority. In that instance, the president's signature would not be needed and the national emergency could end via Congress alone."

Here's What Congress Would Need To Do To Stop A National Emergency
 
A veto proof majority in both houses could overturn the National Emergencies Act and an impeachment and conviction of the President and the VP could also end the the national emergency, but neither of these is going to happen and there are no other ways to stop it.

They can end a specific declared national emergency.

Let him declare one to build his wall and see how public opinion goes. Then we'll see how long the GOP stays Trumpublicans. They turned on Nixon too......
No, they can't.

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 powersgrounds, 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.

National Emergencies Act - Wikipedia

Veto proof means the Presidents signature is not required.
That's true and a veto proof bill to overturn the National Emergencies Act would end it, but there is no such thing as a veto proof majority to end a specific national emergency as I showed you. As long as the President continues to renew the national emergency Congress cannot end it without overturning the National Emergencies Act.

I disagree.

"According to NPR, the National Emergencies Act (which was first enacted in 1976 and then edited after parts of it were struck down by the Supreme Court in 1983)allows Congress to override and veto a national emergency, if each chamber approves the override with a majority vote, and if the president subsequently signs the joint resolution. If the president is unwilling to do that, then both chambers of Congress would need to vote in favor of the resolution by at least a two thirds majority. In that instance, the president's signature would not be needed and the national emergency could end via Congress alone."

Here's What Congress Would Need To Do To Stop A National Emergency
I saw the NPR article, but it does not take into account the 1985 amendment to the Act which requires the President to agree to end an emergency.

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 powersgrounds, 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.

National Emergencies Act - Wikipedia
 
A veto proof joint resolution in congress would override it.

Furthermore, the Constitution doesn't actually define what constitute High Crimes and Misdemeanors either. Some in Congress might just say that declaring an emergency where no emergency actually exists in order to pursue a purely political agenda is an abuse of power.
A veto proof majority in both houses could overturn the National Emergencies Act and an impeachment and conviction of the President and the VP could also end the the national emergency, but neither of these is going to happen and there are no other ways to stop it.

which brings us back to the title of the thread ...............
Which is false. The fence will be built even as Democrats continue to whine about and file frivolous lawsuits about it and the government will not be shut down because both parties will keep it open with short term resolutions to continue funding under the last budget.

hide and watch Petunia ...
Whine, whine, whine.


fact- fact - fact .... DEAD WALL - DEAD.
 
A veto proof majority in both houses could overturn the National Emergencies Act and an impeachment and conviction of the President and the VP could also end the the national emergency, but neither of these is going to happen and there are no other ways to stop it.

which brings us back to the title of the thread ...............
Which is false. The fence will be built even as Democrats continue to whine about and file frivolous lawsuits about it and the government will not be shut down because both parties will keep it open with short term resolutions to continue funding under the last budget.

hide and watch Petunia ...
Whine, whine, whine.


fact- fact - fact .... DEAD WALL - DEAD.
I hope you don't hurt yourself trying to walk through it.
 
which brings us back to the title of the thread ...............
Which is false. The fence will be built even as Democrats continue to whine about and file frivolous lawsuits about it and the government will not be shut down because both parties will keep it open with short term resolutions to continue funding under the last budget.

hide and watch Petunia ...
Whine, whine, whine.


fact- fact - fact .... DEAD WALL - DEAD.
I hope you don't hurt yourself trying to walk through it.

I respect your resolve to showcase your stupidity - very few would insist proving they are a quintessential idiot.

KUDOS.
 
which brings us back to the title of the thread ...............
Which is false. The fence will be built even as Democrats continue to whine about and file frivolous lawsuits about it and the government will not be shut down because both parties will keep it open with short term resolutions to continue funding under the last budget.

hide and watch Petunia ...
Whine, whine, whine.


fact- fact - fact .... DEAD WALL - DEAD.
I hope you don't hurt yourself trying to walk through it.
Right after Hillary and Obama go to prison....
 
They can end a specific declared national emergency.

Let him declare one to build his wall and see how public opinion goes. Then we'll see how long the GOP stays Trumpublicans. They turned on Nixon too......
No, they can't.

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 powersgrounds, 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.

National Emergencies Act - Wikipedia

Veto proof means the Presidents signature is not required.
That's true and a veto proof bill to overturn the National Emergencies Act would end it, but there is no such thing as a veto proof majority to end a specific national emergency as I showed you. As long as the President continues to renew the national emergency Congress cannot end it without overturning the National Emergencies Act.

I disagree.

"According to NPR, the National Emergencies Act (which was first enacted in 1976 and then edited after parts of it were struck down by the Supreme Court in 1983)allows Congress to override and veto a national emergency, if each chamber approves the override with a majority vote, and if the president subsequently signs the joint resolution. If the president is unwilling to do that, then both chambers of Congress would need to vote in favor of the resolution by at least a two thirds majority. In that instance, the president's signature would not be needed and the national emergency could end via Congress alone."

Here's What Congress Would Need To Do To Stop A National Emergency
I saw the NPR article, but it does not take into account the 1985 amendment to the Act which requires the President to agree to end an emergency.

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 powersgrounds, 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.

National Emergencies Act - Wikipedia

Congress can override any veto.
 
and i wouldn't mind seeing the TRUMP doing some ignoring of the courts . As i point out , we elected Trump and not a buncha liberal black robed tyrant judges BBee .

You are the tyrant as is Trump. Judges are supposed to uphold the Constitution and the Constitution gives Congress the power of the purse. It makes no exceptions. A law cannot override the Constitution. You are the one who wants to trash the Constitution because it gets in your way.
 
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trump is limited in what he can order the military to do within the nation's borders & the eminent domain lawsuits will be interesting to see play out. so much for keeping gov'ment small & less intrusive, 'eh?
---------------------------------------- got nothing to do with the military , Trump just ignores the 'courts black robed tyrant' called 'judge' . What army does the 'judge' have that will go after Trump ignoring the 'court' order PTime ?? And so you want to change topics to Eminent Domain eh . There is enough WALL building areas so that eminent domain may not ever be a concern . And then , remember the 60 foot wide Roosevelt Reservation that runs the entire length of the border that is Federally owned Land [except for Texas ] PTime .

trump cannot just walk over a court order. you actually WANT a US president to do that? i'm not changing any subject - it's all part of the same thing. you don't think property owners aren't gearing up for a fight? think again.
The National Emergencies Act clearly gives the President all the power he needs to build the fence without the approval of Congress and so no court has the legitimate authority to order him not to. Lawsuits that challenge his ability to do so will quickly be seen as frivolous.

It does not. A law cannot override the Constitution. Could Congress pass a law removing judges on a majority vote instead of impeachment as outlined in the Constitution? Truman's attempt to invoke a national emergency was overturned by the courts and building a wall would be a assault on our Constitution. The courts have to intervene and make this determination.
The Court did not question Truman's power to declare a national emergency, it denied him the right to confiscate private property since he had not provided adequate justification under existing law to do so. At the time, there was no National Emergency Act so what powers the president had under a national emergency was unclear. Today, the National Emergencies Act details exactly what powers the president can exercise under a national emergency, so the Court has no jurisdiction to question those powers.

Yes they do. A law cannot override the Constitution.
 
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