"National Emergency" it is!

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_subgenius
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Re: "National Emergency" it is!

Post by _subgenius »

EAllusion wrote:It is pretty blatantly against the intent of the law, which was not written so the President could declare anything he wants a national emergency and redirect military funds to construction projects, but I too think there's a decent chance the Supreme Court upholds it. Law and order, right?

Funny how "intent of the law" is a point of convenience with Libs/Democrats.
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_Kevin Graham
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Re: "National Emergency" it is!

Post by _Kevin Graham »

subgenius wrote:
EAllusion wrote:It is pretty blatantly against the intent of the law, which was not written so the President could declare anything he wants a national emergency and redirect military funds to construction projects, but I too think there's a decent chance the Supreme Court upholds it. Law and order, right?

Funny how "intent of the law" is a point of convenience with Libs/Democrats.


Really? Democrats are the ones fretting over the "illegality" of poor brown people striving for a better life while gleefully electing a career criminal who continues to show contempt for the law at every opportunity? That's the Democrats who did that?
_EAllusion
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Re: "National Emergency" it is!

Post by _EAllusion »

Res Ipsa wrote:
EAllusion wrote:
The problem I see with this argument the statue is written to limit circumstances in which it can be invoked to when there is an ongoing national emergency that requires military intervention. But if the President can simply use the military and its budget for any construction project the President wants by calling it a security emergency, then it becomes circular, and the statue could've simply said the President gets to use said funds how s/he sees fit. The language spelling out limitations becomes pointless. You have to ignore what the law intends and suppose the people who passed it are morons for having included that language. That's enough of a loophole for a motivated court, but it doesn't at all seem like the right call.


Well, let’s game it out. The blanket emergency statute has no relevant limitations. There are two specific statutes that potentially apply. One requires that the national emergency require use of the armed forces. The other requires only that the National Emergency “May require” use of the Armed Forces.

Isn’t Trump’s argument that the National Emergency is illegal border crossings and that he has already had to involve the armed forces? And that building the wall is National Defense? With a few exceptions, the Court has been deferential to the President when it comes to emergency powers. And it’s not hard to distinguish building a fortification on the border from seizing an industry.

Dammit, now I’m talking myself out of my position...
IF Congress passes a statue that says, "you, the President, may only do this in circumstance X" but it turns out that "circumstance X" is anything the President says it is, then that provision is empty of content. This is a strong clue that Congress intended "circumstance X" to have content beyond Presidential say-so. Otherwise, why suggest a limitation? Someone has to determine what constitutes a National Emergency in order to execute this provision, and it makes sense for Congress to leave that initial call in the hands of the President as the aim was for the executive to be able to react quickly in the event of national emergency. Either you think the bill was poorly written and self-defeating or you think that it left open an understanding that "national emergency" had some meaningful content subject to judicial review. I think the intent is clearly the latter, but I could see a conservative court deciding the former.

One thing is for sure: If conservatives win this one, they'll be elated, but they won't be so happy when President Liberal is using the military budget as a slush fund for public works projects.
_ajax18
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Re: "National Emergency" it is!

Post by _ajax18 »

DJT actually admitted that we need immigrants to fill the jobs created by our booming economy he helped create. I agree with him but where we differ from Democrats is that we demand they come legally and that immigrants be selected based upon merit (people who can work and contribute). We're not going to allow criminals. We're not going to continue in a situation where pregnant women get one foot on American soil and then the taxpayer is stuck paying for them and their kids for the next 20 years. We're not going to allow it, nor will the American taxpayer.
And when the confederates saw Jackson standing fearless as a stone wall the army of Northern Virginia took courage and drove the federal army off their land.
_Res Ipsa
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Re: "National Emergency" it is!

Post by _Res Ipsa »

Looks like Trump folded. He’s agreed to a clean funding bill through 2/15.
​“The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated communist, but people for whom the distinction between fact and fiction, true and false, no longer exists.”

― Hannah Arendt, The Origins of Totalitarianism, 1951
_EAllusion
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Re: "National Emergency" it is!

Post by _EAllusion »

The wall was the friends we made along the way.
_Res Ipsa
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Re: "National Emergency" it is!

Post by _Res Ipsa »

EAllusion wrote:The wall was the friends we made along the way.


Heh. Shoulda seen that coming. :wink:
​“The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated communist, but people for whom the distinction between fact and fiction, true and false, no longer exists.”

― Hannah Arendt, The Origins of Totalitarianism, 1951
_Res Ipsa
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Re: "National Emergency" it is!

Post by _Res Ipsa »

For some reason, Ms. Coulter is having a sad.
​“The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated communist, but people for whom the distinction between fact and fiction, true and false, no longer exists.”

― Hannah Arendt, The Origins of Totalitarianism, 1951
_ajax18
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Re: "National Emergency" it is!

Post by _ajax18 »

Yeah, the shutdown wasn't working. Democrats won't permit any physical barrier in negotiations either. I hope he goes ahead and let's the military start building the wall.

If the shutdown had effected food stamp payouts rather than border patrol agent salaries, it might have had a chance.
And when the confederates saw Jackson standing fearless as a stone wall the army of Northern Virginia took courage and drove the federal army off their land.
_Kevin Graham
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Re: "National Emergency" it is!

Post by _Kevin Graham »

Res Ipsa wrote:For some reason, Ms. Coulter is having a sad.


Ann Coulter Trashes Trump Over Shutdown Deal: The ‘Biggest Wimp’ Ever to Serve as President

Ann Coulter ripped President Donald Trump following his big announcement this afternoon that there is a deal to end the shutdown that does not include money for the wall.

“Good news for George Herbert Walker Bush: As of today, he is no longer the biggest wimp ever to serve as President of the United States,” she tweeted.

Trump talked at length about border security in his speech today, saying that he’s looking for a “fair deal from Congress” by February 15th. If not, he said, “The government will either shut down on February 15th again or I will use the powers afforded to me under the laws and the Constitution of the United States to address this emergency.”
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