Will trump be forced to use national emergency to build wall

[Admiral Rockwell Tory]

The National Emergency remedy is a Joint Resolution of Congress. Since the remedy exists, the courts have no basis to stop the emergency declaration, i.e. it is LAWFUL.

I see nothing about Congress here, except that the declaration be transmitted to Congress. What happens then depends on what statute the President is citing to use.

Where did you get a Joint Resolution of Congress? I am not criticizing--I am asking because I would really like to know how this happens.

National Emergencies Act, Sections 201 and 301
Fact Sheet
Overview
The National Emergencies Act (NEA) authorizes the president to declare a “national emergency.”1 A declaration under NEA triggers emergency authorities contained in other federal statutes. Past NEA declarations have addressed, among other things, the imposition of export controls and limitations on transactions and property from specified nations.2 A national emergency was declared in 2001 after the September 11th terrorist attacks and has been renewed every year since then. (Download a printable PDF.)

What the Law Does

The NEA authorizes the president to declare a national emergency, which declaration activates emergency powers contained in other federal statutes.3During 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 theFederal 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.

National Emergencies Act, Sections 201 and 301 Fact Sheet | State Public Health | ASTHO

This is why I said that it takes a Joint Resolution of Congress to end the emergency:
Termination
A national emergency can be terminated if the president issues a proclamation or if Congress enacts a joint resolution terminating the emergency.

I will keep saying this until you fools understand:

The President cannot just declare a "national emergency" unless there is an ACTUAL national emergency. Only a dictator attempting to overthrow the democratically elected Congress would even attempt such a thing, and to do so, in light of all of the other crimes committed by Trump (i.e. conspiracy with Russia, trying to destroy NATO, undermining trading partnerships, and the results of the Mueller Investigation, and other investigations currently underway), would spell the end of the Trump Presidency, and give Mitch McConnell the excuse to impeach Trump and save his Senate mahority.

Presidents from both parties have declared national emergencies over 500 times and this power has never been successfully challenged in a court. Since there are no conditions the President must meet other than procedural measures, it is not clear there is any basis for any court to even consider the issue.

Oh really?

1952 steel strike - Wikipedia

Where does it say anything about a national emergency in that linked article, dumbass?

You really have no ability to reason. That is why you are a libtard, and a Canadian one to boot!

 

[LilOlLady]

The botox bitch Nancy and her Democrat hoard won't change and the deadline will pass without giving the American people their Wall.

So our beloved Pres.Trump will have no choice but to declare a National Emergency and have the Wall built.

Which is absolutely fine with me. ...

The President can't declare a national emergency to flout the Constitution. There will be no wall.

As for Nancy Pelosi, she now owns Trump. She got the government re-opened and gave up nothing. Only a fool walks out of the negotiations at the first meeting.

Trump is the worst negotiator ever. You might want to rethink calling Mrs. Pelosi names. Dumb Donald is too afraid of her to do that.

if the government is shut down again it will be on Ms. Prissy and the Democrats. We should not have to wait for a National Emergency, etc to secure our border. 20 million in the country illegally is a National Security Crisis and they keep coming. The Benjamin Franklin axiom that “an ounce of prevention is worth a pound of cure” is as true today as it was when Franklin made the quote. It is broken so let Trump fix it with a wall in places that is not secure. Ms. Prissy haven't seen anything yet.

 

[BasicHumanUnit]

Courts don't rule based on that. Courts rule in regards to constitutionality or law. The law says a President can call a national emergency at will. Because a national emergency is not defined in the law, a court cannot rule that Trump can't use it based on what "the courts" consider an emergency. Only the President can determine what an emergency is.

They do? ya sure about that?
Pssssssst.......look up 9th circuit....or even the SCOTUS for that matter. (remember they voted Yea on Obamacare).

They're SUPPOSED to rule in regards to Constitutionality. That ended decades ago.

 

[22lcidw]

The National Emergency remedy is a Joint Resolution of Congress. Since the remedy exists, the courts have no basis to stop the emergency declaration, i.e. it is LAWFUL.

I see nothing about Congress here, except that the declaration be transmitted to Congress. What happens then depends on what statute the President is citing to use.

Where did you get a Joint Resolution of Congress? I am not criticizing--I am asking because I would really like to know how this happens.

National Emergencies Act, Sections 201 and 301
Fact Sheet
Overview
The National Emergencies Act (NEA) authorizes the president to declare a “national emergency.”1 A declaration under NEA triggers emergency authorities contained in other federal statutes. Past NEA declarations have addressed, among other things, the imposition of export controls and limitations on transactions and property from specified nations.2 A national emergency was declared in 2001 after the September 11th terrorist attacks and has been renewed every year since then. (Download a printable PDF.)

What the Law Does

The NEA authorizes the president to declare a national emergency, which declaration activates emergency powers contained in other federal statutes.3During 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 theFederal 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.

National Emergencies Act, Sections 201 and 301 Fact Sheet | State Public Health | ASTHO

This is why I said that it takes a Joint Resolution of Congress to end the emergency:
Termination
A national emergency can be terminated if the president issues a proclamation or if Congress enacts a joint resolution terminating the emergency.

I will keep saying this until you fools understand:

The President cannot just declare a "national emergency" unless there is an ACTUAL national emergency. Only a dictator attempting to overthrow the democratically elected Congress would even attempt such a thing, and to do so, in light of all of the other crimes committed by Trump (i.e. conspiracy with Russia, trying to destroy NATO, undermining trading partnerships, and the results of the Mueller Investigation, and other investigations currently underway), would spell the end of the Trump Presidency, and give Mitch McConnell the excuse to impeach Trump and save his Senate mahority.

The Obamacare law seemed like a dictator type thing wouldn't you agree?

Not even a little. It went through a year of Congressional hearings and negotiation

And yet it felt different when I paid the penalty because I could not afford the medical costs. This is not twenty years ago or so now. Progressives did not care about other areas but those deplorable areas did because of real patriotism. Now we do not care. We only care for our areas now. You stole my wealth. I do not agree with people in my area also. We are now a nation split into several areas with two different sides. And when disasters happen it hurts. Hurricanes, fires, storms, tornadoes. The biggest babies I ever seen were from New Jersey a few years ago when the hurricane/storm hit them. The coastal areas were hit bad. Money needed to improve those areas never appeared as the endless social programs and overpaid government employees sucked most of the resources away. And yet the poverty remains in the ghetto cities of the suburban garden state. A massive tax state that could not even protect their own because of the stealing of wealth. The current new progressive socialist governor has had several tax increases already.

 

[BasicHumanUnit]

The only thing the court can do (legally) is decide whether he used proper procedure or not. If he does (and I"m sure his team will) they really can't stop Trump because there is no definition of a national emergency--only procedural processes.

You said it, so it MUST be true then

Seems the courts don't care about "legally" anymore. They only care about Political Agenda.
If they always followed the law, would we really be having all these problems?

I think Ray's biggest problem is that he has not yet realized who Trump really is....A New York DEMOCRAT....working primarily for the Establishment.

And possibly the greatest Reality TV actor of all time. "It's gonna be a beautiful wall....beautiful I tell ya".

 

[LilOlLady]

The botox bitch Nancy and her Democrat hoard won't change and the deadline will pass without giving the American people their Wall.

So our beloved Pres.Trump will have no choice but to declare a National Emergency and have the Wall built.

Which is absolutely fine with me. ...

The President can't declare a national emergency to flout the Constitution. There will be no wall.

As for Nancy Pelosi, she now owns Trump. She got the government re-opened and gave up nothing. Only a fool walks out of the negotiations at the first meeting.

Trump is the worst negotiator ever. You might want to rethink calling Mrs. Pelosi names. Dumb Donald is too afraid of her to do that.

LIfting the shut down was a wise move by Trump. Hope Ms. Prissy do not underestimate Trump. He is a businessman and he did not get where he is by playing by the rules. Sit back and watch if he does not get his wall. "Checkmate" lol

 

[BasicHumanUnit]

LIfting the shut down was a wise move by Trump. Hope Ms. Prissy do not underestimate Trump. He is a businessman and he did not get where he is by playing by the rules. Sit back and watch if he does not get his wall. "Checkmate" lol

I'll watch. If he actually builds the wall I'll owe you an apology.

However, we've been here umpteen times before, where the wall was approved, and never got built. Here, we don't even have approval for the wall.

But let's ignore all that. Eternal optimism, what a great thing!

 

[BasicHumanUnit]

The Establishment has ruled.....NO WALL. End of story. Who are we?

 

[toomuchtime_]

Actually, Presidents have invoked this power to declare national emergencies over 500 times, so if President Trump invokes it to build the smart fence, it will open up nothing new.

This is a very different situation than most of the previous occasions; and I’d even suggest that the weather related declarations were improper as well.

It is different but the principle is the same. Presidents have declared states of emergencies because of inflation or logjams in shipping goods and all kinds of other problems when Congress was unable to take effective action over 500 times.

 

[Lesh]

I see nothing about Congress here, except that the declaration be transmitted to Congress. What happens then depends on what statute the President is citing to use.

Where did you get a Joint Resolution of Congress? I am not criticizing--I am asking because I would really like to know how this happens.

National Emergencies Act, Sections 201 and 301
Fact Sheet
Overview
The National Emergencies Act (NEA) authorizes the president to declare a “national emergency.”1 A declaration under NEA triggers emergency authorities contained in other federal statutes. Past NEA declarations have addressed, among other things, the imposition of export controls and limitations on transactions and property from specified nations.2 A national emergency was declared in 2001 after the September 11th terrorist attacks and has been renewed every year since then. (Download a printable PDF.)

What the Law Does

The NEA authorizes the president to declare a national emergency, which declaration activates emergency powers contained in other federal statutes.3During 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 theFederal 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.

National Emergencies Act, Sections 201 and 301 Fact Sheet | State Public Health | ASTHO

This is why I said that it takes a Joint Resolution of Congress to end the emergency:
Termination
A national emergency can be terminated if the president issues a proclamation or if Congress enacts a joint resolution terminating the emergency.

I will keep saying this until you fools understand:

The President cannot just declare a "national emergency" unless there is an ACTUAL national emergency. Only a dictator attempting to overthrow the democratically elected Congress would even attempt such a thing, and to do so, in light of all of the other crimes committed by Trump (i.e. conspiracy with Russia, trying to destroy NATO, undermining trading partnerships, and the results of the Mueller Investigation, and other investigations currently underway), would spell the end of the Trump Presidency, and give Mitch McConnell the excuse to impeach Trump and save his Senate mahority.

The Obamacare law seemed like a dictator type thing wouldn't you agree?

Not even a little. It went through a year of Congressional hearings and negotiation

And yet it felt different when I paid the penalty because I could not afford the medical costs. This is not twenty years ago or so now. Progressives did not care about other areas but those deplorable areas did because of real patriotism. Now we do not care. We only care for our areas now. You stole my wealth. I do not agree with people in my area also. We are now a nation split into several areas with two different sides. And when disasters happen it hurts. Hurricanes, fires, storms, tornadoes. The biggest babies I ever seen were from New Jersey a few years ago when the hurricane/storm hit them. The coastal areas were hit bad. Money needed to improve those areas never appeared as the endless social programs and overpaid government employees sucked most of the resources away. And yet the poverty remains in the ghetto cities of the suburban garden state. A massive tax state that could not even protect their own because of the stealing of wealth. The current new progressive socialist governor has had several tax increases already.

What a load of shit. The penalty for not having insurance was about $150 the first year.

And if you were that broke you were eligible for subsidies.

 

[Dragonlady]

This is why I said that it takes a Joint Resolution of Congress to end the emergency:
Termination
A national emergency can be terminated if the president issues a proclamation or if Congress enacts a joint resolution terminating the emergency.

I will keep saying this until you fools understand:

The President cannot just declare a "national emergency" unless there is an ACTUAL national emergency. Only a dictator attempting to overthrow the democratically elected Congress would even attempt such a thing, and to do so, in light of all of the other crimes committed by Trump (i.e. conspiracy with Russia, trying to destroy NATO, undermining trading partnerships, and the results of the Mueller Investigation, and other investigations currently underway), would spell the end of the Trump Presidency, and give Mitch McConnell the excuse to impeach Trump and save his Senate mahority.

The Obamacare law seemed like a dictator type thing wouldn't you agree?

Not even a little. It went through a year of Congressional hearings and negotiation

And yet it felt different when I paid the penalty because I could not afford the medical costs. This is not twenty years ago or so now. Progressives did not care about other areas but those deplorable areas did because of real patriotism. Now we do not care. We only care for our areas now. You stole my wealth. I do not agree with people in my area also. We are now a nation split into several areas with two different sides. And when disasters happen it hurts. Hurricanes, fires, storms, tornadoes. The biggest babies I ever seen were from New Jersey a few years ago when the hurricane/storm hit them. The coastal areas were hit bad. Money needed to improve those areas never appeared as the endless social programs and overpaid government employees sucked most of the resources away. And yet the poverty remains in the ghetto cities of the suburban garden state. A massive tax state that could not even protect their own because of the stealing of wealth. The current new progressive socialist governor has had several tax increases already.

What a load of shit. The penalty for not having insurance was about $150 the first year.

And if you were that broke you were eligible for subsidies.

How dare you confuse his ignorant whiny rant with facts! Annoyingly liberal of you.

 

[22lcidw]

This is why I said that it takes a Joint Resolution of Congress to end the emergency:
Termination
A national emergency can be terminated if the president issues a proclamation or if Congress enacts a joint resolution terminating the emergency.

I will keep saying this until you fools understand:

The President cannot just declare a "national emergency" unless there is an ACTUAL national emergency. Only a dictator attempting to overthrow the democratically elected Congress would even attempt such a thing, and to do so, in light of all of the other crimes committed by Trump (i.e. conspiracy with Russia, trying to destroy NATO, undermining trading partnerships, and the results of the Mueller Investigation, and other investigations currently underway), would spell the end of the Trump Presidency, and give Mitch McConnell the excuse to impeach Trump and save his Senate mahority.

The Obamacare law seemed like a dictator type thing wouldn't you agree?

Not even a little. It went through a year of Congressional hearings and negotiation

And yet it felt different when I paid the penalty because I could not afford the medical costs. This is not twenty years ago or so now. Progressives did not care about other areas but those deplorable areas did because of real patriotism. Now we do not care. We only care for our areas now. You stole my wealth. I do not agree with people in my area also. We are now a nation split into several areas with two different sides. And when disasters happen it hurts. Hurricanes, fires, storms, tornadoes. The biggest babies I ever seen were from New Jersey a few years ago when the hurricane/storm hit them. The coastal areas were hit bad. Money needed to improve those areas never appeared as the endless social programs and overpaid government employees sucked most of the resources away. And yet the poverty remains in the ghetto cities of the suburban garden state. A massive tax state that could not even protect their own because of the stealing of wealth. The current new progressive socialist governor has had several tax increases already.

What a load of shit. The penalty for not having insurance was about $150 the first year.

And if you were that broke you were eligible for subsidies.

It was more then that after. I wasn't below the poverty line. You got to know that I will see mass destruction in areas I lived in where I got screwed and by people who screwed me over. You should not respond because most of the vengeance is by your own. You ph ukn thief. There are people who put their life on the line who do not have free benefits and have little now. Now go pay an illegal off.

 

[Anathema]

It is different but the principle is the same. Presidents have declared states of emergencies because of inflation or logjams in shipping goods and all kinds of other problems when Congress was unable to take effective action over 500 times.

I don’t have a list of all these instances but I’d bet I would be in agreement with less than 5% of them, based on basic Constitutionality.

 

[skews13]

It takes a joint resolution of congress to end an emergency declaration. The Senate would not approve that resolution, so Trump would have his emergency. The courts don't have a legal basis to stop Trump if a remedy exists. That would take an activist court, which would lose on appeal. Trump can also find the money, including using seized drug money.
Donald Trump can fund the border wall without congressional approval

Afraid not, and his declared emergency does not allow the arbitrary confiscation of private property to build anything. which would be taken up by the courts, and with the burden of proof being on Trump, would have to successfully prove the case the property would need to be forfeited.

There is never going to be a Trump wall. Except for the one he will be incarcerated behind.

 

[Admiral Rockwell Tory]

It takes a joint resolution of congress to end an emergency declaration. The Senate would not approve that resolution, so Trump would have his emergency. The courts don't have a legal basis to stop Trump if a remedy exists. That would take an activist court, which would lose on appeal. Trump can also find the money, including using seized drug money.
Donald Trump can fund the border wall without congressional approval

Afraid not, and his declared emergency does not allow the arbitrary confiscation of private property to build anything. which would be taken up by the courts, and with the burden of proof being on Trump, would have to successfully prove the case the property would need to be forfeited.

There is never going to be a Trump wall. Except for the one he will be incarcerated behind.

Eminent domain dumbass! Eminent domain.

 

[GreenAndBlue]

It takes a joint resolution of congress to end an emergency declaration. The Senate would not approve that resolution, so Trump would have his emergency. The courts don't have a legal basis to stop Trump if a remedy exists. That would take an activist court, which would lose on appeal. Trump can also find the money, including using seized drug money.
Donald Trump can fund the border wall without congressional approval

Afraid not, and his declared emergency does not allow the arbitrary confiscation of private property to build anything. which would be taken up by the courts, and with the burden of proof being on Trump, would have to successfully prove the case the property would need to be forfeited.

There is never going to be a Trump wall. Except for the one he will be incarcerated behind.

Wrong. The real power white men is behind trump

 

[Ray From Cleveland]

The only thing the court can do (legally) is decide whether he used proper procedure or not. If he does (and I"m sure his team will) they really can't stop Trump because there is no definition of a national emergency--only procedural processes.

You said it, so it MUST be true then

Seems the courts don't care about "legally" anymore. They only care about Political Agenda.
If they always followed the law, would we really be having all these problems?

I think Ray's biggest problem is that he has not yet realized who Trump really is....A New York DEMOCRAT....working primarily for the Establishment.

And possibly the greatest Reality TV actor of all time. "It's gonna be a beautiful wall....beautiful I tell ya".

It's not what I say that matters.

Does a president have legal authority to declare a national emergency?

Yes. A relevant law is the National Emergencies Act of 1976.

The act itself did not give a legal definition for a national emergency, nor did it set specific criteria for declaring one. Rather, it created procedural requirements.

It requires a president to formally submit to Congress and to the Federal Register a declaration of the national emergency; to specify the statutory authorities he or she is invoking; and to renew the declaration every year, or it will automatically expire.

"Even though the Constitution itself grants the president very little in the way of emergency authority, Congress has ceded broad powers to the president that he can invoke merely by claiming that an emergency exists," said Gene Healy, a vice president at the Cato Institute, a libertarian think tank.

Could Trump declare a national emergency for a border wall?

 

[BasicHumanUnit]

That's good and all, and I "hope" he does....(but seriously doubt we'll get a wall)

But I was actually addressing your statement about Courts.

 

[Brain357]

I think it will happen because democrats hate american values

If he does it will sure be funny listening to repubs bitch when the next dem president gets things done by emergency.

 

[BasicHumanUnit]

If he does it will sure be funny listening to repubs bitch when the next dem president gets things done by emergency.

Child trafficking, Violent Criminals entering the country, drug cartels, guns illegally crossing the border.....it's only "funny" to Dimocrats.

Democrats who say there is no threat of terrorists crossing our border are delusional
Democrats who say there is no threat of terrorists crossing our border are delusional

Contrary to the Democrat narrative, however, there is a very clear factual connection between terrorism and weak border security. I would know – I hunted terrorists for a living.

According to a 2018 report from the Center for Immigration Studies (CIS), U.S. authorities have apprehended as many as 15 suspected terrorists attempting to cross the U.S.-Mexico border since 2001. They were affiliated with groups such as ISIS, Hezbollah, the Pakistani Taliban, and others. At least five of those 15 migrants were separately prosecuted in North America for various crimes, including attempted murder, lying to the FBI about terrorism involvement, and providing material support to a terrorist organization.

However, since terrorism-related statistics are often classified, the actual number of detained terrorists is likely much higher than we know from public records.

“The 15 terrorism-associated migrants who traveled to the U.S. southern border likely represent a significant under-count since most information reflecting such border-crossers resides in classified or protected government archives,” CIS observes. “Most information relevant to addressing the question of how often terrorist suspects were apprehended at, or migrating to, the border would reside in government intelligence database systems exempt from public disclosure, and no collection of relevant publicly available material could be found,” CIS explains.

Based on information from intelligence sources, CIS states that at least 100 migrants from “countries of interest” who matched U.S. terrorist “watch lists” were apprehended “at or en route to the southern border” between 2012-2017.

It’s impossible to know how many terrorists have successfully crossed the U.S.-Mexico border undetected — and that’s why President Trump’s concern about border security is completely justified.

History teaches us that it only takes one radical to detonate a bomb at a busy square or drive a truck through a crowd of innocent people. Without a border wall, those radicals can simply walk into our country, and pick their target at leisure.