Author Topic: Here’s What Would Happen If Trump Declared A National Emergency To Build The Wall  (Read 2172 times)

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Offline bilo

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Trump told reporters Friday that he is open to using emergency powers to circumvent Congress, stating, “We can call a national emergency and build it very quickly. It’s another way of doing it.”

...Legal experts similarly told NBC that Trump could declare a state of emergency under The National Emergencies Act — which grants the president a set of special executive powers, including but not limited to the ability to “seize property, organize and control the means of production, seize commodities, assign military forces abroad, institute martial law, seize and control all transportation and communication.”

Congress also has the ability to pass a resolution rebuking the president’s declaration — the Democrat-controlled House would have to first pass the resolution and then send it along to the Republican-controlled Senate, who has to vote on it in 15 days. The president would therefore have to convince Congress that the surge of illegal immigration on the border constitutes an “emergency.”

https://dailycaller.com/2019/01/07/donald-trump-national-emergency-build-border-wall-department-defense/
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Offline bilo

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Another challenge facing the president is that he can only use previously earmarked funds in order to build the wall. But federal law allows the military to complete “construction projects” using un-obligated funds from the Department of Defense (DOD) budget during a national emergency.

“My instinct is to say that if he declares a national emergency and uses this pot of unappropriated money for the wall, he’s on very solid legal ground,” Harvard law professor Mark Tushnet told NBC News.


Sounds good to me.
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Offline libertybele

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The DEM majority House will never give their approval.
"I believe in the United States of America as a Government of the people, by the people, for the people; whose just powers are derived from the consent of the governed; a democracy in a republic; a sovereign nation of many sovereign states; a perfect union one and inseparable; established upon those principles of freedom, equality, justice and humanity for which American patriots sacrificed their lives and fortunes. I therefore believe it is my duty to my country to love it; to support its Constitution; to obey it laws; to respect its flag; and to defend it against all enemies." -William Page

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If there would be a violation of the Constitution here, someone would have to show it to me.
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Offline montanajoe

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This is an incredibly bad idea....

So what's to keep the next Dim president from calling an national emergency after a mass shooting and going after our guns... :shrug:

As usual talk but no thought...

 

Offline Texas Yellow Rose

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The DEM majority House will never give their approval.

They would then "own" opposition to the wall!

Offline Restored

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They would then "own" opposition to the wall!

They already own that. The funding for the Wall was in the Continuation Bill and the Democrats blocked it from coming to the Senate floor.
Hahahahaha....No seriously. Who is the President?

Offline bilo

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The DEM majority House will never give their approval.

That's the whole point, they don't have to. They can pass a resolution rebuking his declaration, but the Senate would have to pass it as well.

In addition, “The real issue is once the president declares an emergency, which he has the power to do, where does he get the money to implement it?” DiGenova said. “There is unspent money in the Department of Defense budget of about $100 billion.”

“It’s sitting there waiting for contracts,” he continued. “He does have the authority to use that money.”


I have no doubt there would be all kinds of legal challenges and congressional manuevering but why not fight this fight at the same time the partial shutdown continues. Lets have it out.

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Offline bilo

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This is an incredibly bad idea....

So what's to keep the next Dim president from calling an national emergency after a mass shooting and going after our guns... :shrug:

As usual talk but no thought...

Legal experts similarly told NBC that Trump could declare a state of emergency under The National Emergencies Act — which grants the president a set of special executive powers, including but not limited to the ability to “seize property, organize and control the means of production, seize commodities, assign military forces abroad, institute martial law, seize and control all transportation and communication.”

I haven't read the entire Act, but I doubt it grants the POTUS the authority to delete Amendments to our Constitution.
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Offline bilo

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They would then "own" opposition to the wall!

Congress can rebuke the declaration if both the House and Senate pass a resolution rebuking the declaration. IOW, Congress gets to react to the action, but it is not required for them to approve the declaration.

I'm sure the Rats in the House will vote against the declaration. The question will be where do the Pubs in the Senate stand.

Lets find out.
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Offline libertybele

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I now think that since Trump will be addressing the public on this issue, he's going to make his case, and dump it completely in Nancy's lap in such a way that she'd be hard pressed to refute what he says.  I can only imagine her stuttering, stammering and nonsensical response.
"I believe in the United States of America as a Government of the people, by the people, for the people; whose just powers are derived from the consent of the governed; a democracy in a republic; a sovereign nation of many sovereign states; a perfect union one and inseparable; established upon those principles of freedom, equality, justice and humanity for which American patriots sacrificed their lives and fortunes. I therefore believe it is my duty to my country to love it; to support its Constitution; to obey it laws; to respect its flag; and to defend it against all enemies." -William Page

Offline bilo

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I now think that since Trump will be addressing the public on this issue, he's going to make his case, and dump it completely in Nancy's lap in such a way that she'd be hard pressed to refute what he says.  I can only imagine her stuttering, stammering and nonsensical response.

I sure hope so. I suspect that the media will cover for the Rats and her.

In the end I think we are going to end up with a national emergency being declared. The Rats will try to stop it through the courts because they do not want to have to vote against it, especially their allies in the Pub party. Trump will win in the courts and we will see what happens in 2020. If Trump wins, he builds thew wall and we are one step closer to saving the Republic. If he loses the wall never gets built, floods of the world's poor flow into the country and the Republic dies in a generation.

This is an existential fight and we better win it.
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Offline Fishrrman

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Libertybele wrote:
"The DEM majority House will never give their approval."

No, of course not.
And if Mr. Trump does this, they will move immediately to impeach him.

But... this may be the only course of action left:
Declare an emergency, start building, and then let the chips fall where they may.

This is the issue that defines not only his presidency, but the future course of America.

I hope he doesn't cave.
This is going to be "his moment".

Put 'em up, or... pack up and go home.

Offline Smokin Joe

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This is an incredibly bad idea....

So what's to keep the next Dim president from calling an national emergency after a mass shooting and going after our guns... :shrug:

As usual talk but no thought...
under the terms of the Patriot Act, they can now--along with anything else the government deems necessary for their use.

(A number of us tried to warn people, but "our guy" was all for it, so they were.)  :shrug:

The only thing to prevent the Government from going after our guns, is our guns.
« Last Edit: January 08, 2019, 07:34:38 AM by Smokin Joe »
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Offline Fishrrman

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Smokin' Joe wrote:
"The only thing to prevent the Government from going after our guns, is our guns.."

Well, Joe, we're probably gonna find out, I'd say within the next 10-15 years...

Offline ABX

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If he is going to do it, he needs to go all in or not at all and remove any roadblocks to his agenda.

While obviously we don't want him to suspend the Constitution, he should by decree, find a way around its limitations so he can get done what he needs to. Treat this like a full terrorist invasion.

He should declare a Order of the President for the Protection of People and State
First, suspend Congress. If they are not in session, he will have a valid reason to pass through foregoing powers, any laws and budgets he deems fit to get this done.
He then needs to look at various members of the press and institutions as enemies of the State and not only suspend any license, going so far as to arrest them for aiding and abetting the enemy if they continue to promote fake news.
Due process should be put on hold as judges and individual, local prosecutors or even police forces may be inclined to oppose what needs to be done. Power for prosecution should be centralized within his cabinet. This will also allow for fast export of anyone suspected of being an illegal or fast detainment of those who aide them.
In order to stop leftists from getting in the way, because you know from experience how they 'protest' they will block roads and equipment as part of the wall building process, the right to organize and assemble should be suspended. That should also block union organization into the construction companies and stop any interference by them.
He should also suspend the privacy of mail, telephone, and internet communications communications. Warrants for House searches, orders for confiscations as well as restrictions on property, are also permissible beyond the current legal limits.

Do it once and do it right. Don't piddle paddle around with half assed emergency measures.

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If he is going to do it, he needs to go all in or not at all and remove any roadblocks to his agenda.

While obviously we don't want him to suspend the Constitution, he should by decree, find a way around its limitations so he can get done what he needs to. Treat this like a full terrorist invasion.

He should declare a Order of the President for the Protection of People and State
First, suspend Congress. If they are not in session, he will have a valid reason to pass through foregoing powers, any laws and budgets he deems fit to get this done.
He then needs to look at various members of the press and institutions as enemies of the State and not only suspend any license, going so far as to arrest them for aiding and abetting the enemy if they continue to promote fake news.
Due process should be put on hold as judges and individual, local prosecutors or even police forces may be inclined to oppose what needs to be done. Power for prosecution should be centralized within his cabinet. This will also allow for fast export of anyone suspected of being an illegal or fast detainment of those who aide them.
In order to stop leftists from getting in the way, because you know from experience how they 'protest' they will block roads and equipment as part of the wall building process, the right to organize and assemble should be suspended. That should also block union organization into the construction companies and stop any interference by them.
He should also suspend the privacy of mail, telephone, and internet communications communications. Warrants for House searches, orders for confiscations as well as restrictions on property, are also permissible beyond the current legal limits.

Do it once and do it right. Don't piddle paddle around with half assed emergency measures.

It doesn't require martial law to get it done. This isn't any bigger deal than a disaster declaration. Defending our borders is well within the Constitutional duties as President.
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Offline montanajoe

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If he is going to do it, he needs to go all in or not at all and remove any roadblocks to his agenda.

While obviously we don't want him to suspend the Constitution, he should by decree, find a way around its limitations so he can get done what he needs to. Treat this like a full terrorist invasion.

He should declare a Order of the President for the Protection of People and State
First, suspend Congress. If they are not in session, he will have a valid reason to pass through foregoing powers, any laws and budgets he deems fit to get this done.
He then needs to look at various members of the press and institutions as enemies of the State and not only suspend any license, going so far as to arrest them for aiding and abetting the enemy if they continue to promote fake news.
Due process should be put on hold as judges and individual, local prosecutors or even police forces may be inclined to oppose what needs to be done. Power for prosecution should be centralized within his cabinet. This will also allow for fast export of anyone suspected of being an illegal or fast detainment of those who aide them.
In order to stop leftists from getting in the way, because you know from experience how they 'protest' they will block roads and equipment as part of the wall building process, the right to organize and assemble should be suspended. That should also block union organization into the construction companies and stop any interference by them.
He should also suspend the privacy of mail, telephone, and internet communications communications. Warrants for House searches, orders for confiscations as well as restrictions on property, are also permissible beyond the current legal limits.

Do it once and do it right. Don't piddle paddle around with half assed emergency measures.

This is satire right?... :silly:

Offline ABX

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It doesn't require martial law to get it done. This isn't any bigger deal than a disaster declaration. Defending our borders is well within the Constitutional duties as President.

That's not really martial law per say. He could use Homeland Security as needed (once he finds who are loyal) for the law enforcement aspect and to enforce his order and the military can stick to the border construction and enforcement. He may need to go so far as to create anew group within HS specifically to help enforce his order and protect those who are. Some sort of "Protection Squad".

Offline bilo

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It doesn't require martial law to get it done. This isn't any bigger deal than a disaster declaration. Defending our borders is well within the Constitutional duties as President.

I'm glad to see that someone is taking the time to find out what the National Emergencies Act is all about. It has been used numerous times. It is well within the POTUS authority and Congress does have the right to rebuke (nullify) the declaration if they can get 2/3rds majority in the House and Senate to do so. If the House passes a rebuke the Senate has 15 days to vote, or the declaration remains in place.

If Trump does declare a national emergency odds are a liberal federal judge will declare an injunction and then we will see how quickly the SCOTUS acts. If we really do have justices that rule by the letter of the law Trump will win. If not, oh well, get ready for a flood of the world's poor.
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Online Free Vulcan

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That's not really martial law per say. He could use Homeland Security as needed (once he finds who are loyal) for the law enforcement aspect and to enforce his order and the military can stick to the border construction and enforcement. He may need to go so far as to create anew group within HS specifically to help enforce his order and protect those who are. Some sort of "Protection Squad".

He can also mobilize the Nat'l Guard.
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Offline libertybele

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He can also mobilize the Nat'l Guard.

Hasn't he already done so??  I thought the military was already on the border along with border patrol??
"I believe in the United States of America as a Government of the people, by the people, for the people; whose just powers are derived from the consent of the governed; a democracy in a republic; a sovereign nation of many sovereign states; a perfect union one and inseparable; established upon those principles of freedom, equality, justice and humanity for which American patriots sacrificed their lives and fortunes. I therefore believe it is my duty to my country to love it; to support its Constitution; to obey it laws; to respect its flag; and to defend it against all enemies." -William Page

Offline ABX

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Can't wait until a Democratic President declares a "climate emergency" and seizes our cars or, as someone said, a "gun emergency".

Of course <…>

If he does this right, he can block the Democrats from ever getting power again. Don't let the crisis go to waste, change the system.
« Last Edit: January 08, 2019, 08:19:01 PM by MOD8 »

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Hasn't he already done so??  I thought the military was already on the border along with border patrol??

If he hasn't withdrawn them, then there you go.
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Online Free Vulcan

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Can't wait until a Democratic President declares a "climate emergency" and seizes our cars or, as someone said, a "gun emergency".

Of course <….>

Way different scenarios. We're talking about condemning a litttle strip of land on one problematic part of our border and building a structure, not national confiscation or martial law.
« Last Edit: January 08, 2019, 08:19:32 PM by MOD8 »
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