Will trump be forced to use national emergency to build wall

[Ray From Cleveland]

I think it will happen because democrats hate american values

There is no National Emergency, according to 9 REPUBLICAN districts along the border. It would be immediately challenged & overturned in court.
GOP Rep. Will Hurd on border wall shutdown: ‘If this is a crisis, the people that are dealing with this crisis should get paid’

You might as well get used to it, there will be no Trump WALL. I believe Democrats will go with a smart wall aka high tech solutions as recommended by Will Hurd, Texas Republican senator who has a district that covers 840 miles of the border.
Hurd Out with Plans for "High Tech" Border Wall | KTSA

Ah yes, those Republicans trying to secure the Hispanic vote.

A court cannot stop a President from declaring a national emergency. It's not in their authority. The law states a President can declare an emergency by following the process which Trump will do. Because a national emergency has no description, there is nothing for the court to stop. It's not unconstitutional and it's within the laws set forth by Congress back in the 70's.

 

[JoeB131]

In 21 days President Donald Trump is moving forward building the wall with or without the Democrats

The only outstanding question is whether the Democrats want something or nothing

In 21 days, if someone with a lick of sense doesn't talk him out of it, he'll try to pull this nonsense, but then the courts will slap him down because this is in no way, shape or form an "emergency".

But he'll tell you knuckle-draggers he tried to keep the scary brown people out and you'll love him for it.

 

[JoeB131]

Ah yes, those Republicans trying to secure the Hispanic vote.

A court cannot stop a President from declaring a national emergency. It's not in their authority. The law states a President can declare an emergency by following the process which Trump will do. Because a national emergency has no description, there is nothing for the court to stop. It's not unconstitutional and it's within the laws set forth by Congress back in the 70's.

You keep telling yourself that... but no one is going to believe him.

Explain to me how a situation that has been going on for 30 years and is at 20% of the flow it was at in 2000 suddenly constitutes an "emergency"...

"My daughter might date a Mexican" is not an emergency.

 

[22lcidw]

Ah yes, those Republicans trying to secure the Hispanic vote.

A court cannot stop a President from declaring a national emergency. It's not in their authority. The law states a President can declare an emergency by following the process which Trump will do. Because a national emergency has no description, there is nothing for the court to stop. It's not unconstitutional and it's within the laws set forth by Congress back in the 70's.

You keep telling yourself that... but no one is going to believe him.

Explain to me how a situation that has been going on for 30 years and is at 20% of the flow it was at in 2000 suddenly constitutes an "emergency"...

"My daughter might date a Mexican" is not an emergency.

Then eliminate spanish language channels on cable TV.

 

[Mousterian]

Then eliminate spanish language channels on cable TV.

And start burning books, it worked for Hitler. At least for a while.

 

[JoeB131]

Then eliminate spanish language channels on cable TV.

Why? Here's the thing... the reason why we have Spanish Language channels is because big American companies have decided that they can sell their products to an audience if they just dub a commercial in Spanish.

 

[Anathema]

It is not really a constitutional issue. In saner times Congress passed laws granting the President vast powers to act when he deems Congress is unable to act effectively, and these laws strip Congress of the power to rescind these powers without the consent of the President.

It’s always a Constitutional issue. Congress cannot confer powers to the POTUS thst Congress does not itself possess. Considering that Congress is limited to power over the specific items listed in Article I, Section 8 of the Constitution; those same limits should apply to what a National Emergency can be related to.

 

[playtime]

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. ...

Unfortunately this is correct. The Dems will not negotiate in good faith in the next 3 weeks because they lack any real integrity. Trump will have to declare a national emergency in which case the SCOTUS will ultimately decide just like they did on the Obamacare mandate.

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.

he has to justify the reasoning. one problem that he will run into is the amount of time. he had 2 years to push it thru. he never really tried to do that...

 

[kyzr]

The national emergency can be addressed to ways, either by a Bill passed by congress, or by a declaration. It will get done, its a long term problem not a short term problem. It will take many years to implement all of the required birder improvements.

 

[kyzr]

In 21 days President Donald Trump is moving forward building the wall with or without the Democrats

The only outstanding question is whether the Democrats want something or nothing

In 21 days, if someone with a lick of sense doesn't talk him out of it, he'll try to pull this nonsense, but then the courts will slap him down because this is in no way, shape or form an "emergency". But he'll tell you knuckle-draggers he tried to keep the scary brown people out and you'll love him for it.

The courts will not stop the emergency declaration, since a joint resolution of Congress is the method prescribed to end emergencies. The dems can try the courts to delay the wall, but in the end the wall will be built.

 

[playtime]

Uh, yeah, actually, they can. Checks and Balances... they probably should have taught you that at some point.

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?

uh, no. not only did obama run on that - but congress had a solid year of debate regarding it because obama was serious about it, nor did he 'promise' to have mexico pay for it. after obama won, it became a mandate & was not an EO, nor did he try to declare it a national emergency - thus taking appropriated money from other agencies/programs to pay for it.

damn, what an ignorant post you made.

 

[Sunni Man]

Explain to me how a situation that has been going on for 30 years and is at 20% of the flow it was at in 2000 suddenly constitutes an "emergency"...

20% still equates to ten's of thousands of illegals invading our border every year and must be stopped now. ...

 

[kyzr]

It is not really a constitutional issue. In saner times Congress passed laws granting the President vast powers to act when he deems Congress is unable to act effectively, and these laws strip Congress of the power to rescind these powers without the consent of the President.

It’s always a Constitutional issue. Congress cannot confer powers to the POTUS thst Congress does not itself possess. Considering that Congress is limited to power over the specific items listed in Article I, Section 8 of the Constitution; those same limits should apply to what a National Emergency can be related to.

The president has very broad powers to declare emergencies
https://www.govinfo.gov/content/pkg/STATUTE-90/pdf/STATUTE-90-Pg1255.pdf

 

[playtime]

And the Courts will slap him down when he tries it, assuming someone in the Justice Department doesn't talk some sense into him before he tries it.

The President can both Constitutionally and legally declare a National Emergency, and the courts can't stop him from building the Wall. ...

Actually, they can, and so can the House Speaker. The President can't usurp Congressional power to appropriate funding. The Senate isn't going to allow the reappropriation of defense funds for it either.

And it has now been exposed that he was in talks with a Russian owned company to import the steel to relax debts from loans by Russians. This story will becoming mainstream shortly, and when Mueller indicts Trump Jr. here shortly. dotard is going to have much bigger problems than the spanking he just got from Pelosi.

You mean like he's had the last two years? Keep dreaming.

According to Politifact, Trump can declare an emergency and get the money from anywhere he wants to and the Congress can't do squat about it.

it has to be decided by the courts whether it is justified.

 

[Sunni Man]

it has to be decided by the courts whether it is justified.

Incorrect ...

 

[playtime]

And the Courts will slap him down when he tries it, assuming someone in the Justice Department doesn't talk some sense into him before he tries it.

A recurring and consistent theme among those against protecting Americans.......clear in many of JoeB131's posts and others like him.....is this concept.....

"The Laws and Constitution of the US expressly allow both to be used against those it was supposed to protect, and to destroy the nation"

In other words, I find it interesting that those celebrating the downfall of the USA, are using our own laws and Constitution against us by twisting it's meanings then calling those who reject the twisting "bigots", "racists" and you name it.

What kind of US Court would rule AGAINST measures that protect American interests and lives???

Wouldn't those courts have to be run by enemies of The People?

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.

according to politifact:
[...]
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.
[...]
If Trump declared a national emergency, expert said he might rely on 10 U.S. Code Section 2808 and 33 U.S. Code Section 2293. In very broad terms, they concern the use of the armed forces to undertake military construction projects, and the termination or deferment of Army civil works project and using those resources to undertake other construction "essential to the national defense."

Trump would likely face a legal challenge if he invoked either of those two provisions, experts said. Potential arguments that would rise are whether the border wall is necessary to support the armed forces already deployed at the border, whether the construction has the appropriate approval, and whether the reallocation of funds is justified. Also a matter of debate is who would have legal standing to challenge the president’s declaration.

Could Trump declare a national emergency for a border wall?

 

[playtime]

it has to be decided by the courts whether it is justified.

Incorrect ...

correct.

Could Trump declare a national emergency for a border wall?

 

[BS Filter]

If Trump declares a national emergency and democrats find a judge to stop the wall and it goes to the Supreme Court, Ginsburg has to recuse herself.

 

[Pilot1]

I would think any logical person would deem the flood of Illegal Aliens who contain criminals, potential terrorists, and those that want to scam the system (steal) IS a National Emergency. Glad Trump has the b*lls to see that.

 

[playtime]

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

trump underestimated the speaker. oh - & he is a business man who had several business' go bankrupt - including casinos, that by their very nature, are designed to be a very easy profit making venue. & it's gonna come out how donny from queens didn't play by the rules, alright. mueller will make sure about that.

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