Dershowitz: Trump's emergency declaration was a ‘mistake’

[roamer_1]

Nice deflection.  Here's what I said:  "...if Trump weren't to make a declaration on what is clearly an emergency, that will prevent the dems from ever declaring an overreaching emergency declaration?"

You used the "I'm going to answer the question I wanted to get" tactic.  Poorly.

The declaration is not the problem. the Constitutional crisis because of the declaration is the problem.

[edpc]

"In love with"?  No.  It is merely a convenient, timely and damned good example of why what you say is incorrect.

No, it’s not, because they’re completely different. No emergency power law was in effect. Party politics was the only possible roadblock. Republicans were irrelevant, at that juncture. There were no realistic parameters to stop him, especially after he packed the SC with 8 justices. The incarcerations were deemed unconstitutional and the relocation was de facto deemed unconstitutional, just recently, with the Trump v Hawaii opinion.

Korematsu has been put on par with Dred Scott, as an example of horrible SCOTUS ruling. This case will be based on a SCOTUS ruling of existing law, unlike the 1944 decision. You can compare FDR’s emergencies with ones declared by Wilson or Truman, because they occurred under the same conditions. They aren’t equivalent to those declared since 1976. It’s like comparing football offenses of today against the era when the forward pass was illegal.

[roamer_1]

Believe it or not, I would actually support a declaration of martial law on the border. It’s plainly stated as an executive power in Article 1, Section 9. That would actually allow him to use the military, in the defense capacity, on the southern border.

The people who insist we are being invaded and this is a emergency, should want that, as well. The fact he has not done it and likely won’t makes me wonder about his true motives. Under the circumstances, I think it’s a fair suspicion.

YEP. I would be more comfortable with a declaration of war. Weird, huh... 

[Sanguine]

The declaration is not the problem. the Constitutional crisis because of the declaration is the problem.

We agree that the declaration is not the problem.  And, there are many, many adjacent and tangential problems.

[roamer_1]

IF. If the dog wouldn't of stopped he might have caught the rabbit. If the Queen had balls she'd be the King. It is a small word with huge implications. We need term limits and we need them 10 years ago, not yesterday. Our capital was built on a swamp and not much has changed.

Well, there is 'Throw the bastards out' with a long history of popular activism....

[Sanguine]

YEP. I would be more comfortable with a declaration of war. Weird, huh... 

I think that might be appropriate at this point.

[roamer_1]

So, again, this decision will legitimize an end run around Congress, if a president does not achieve the desired result through legislative means. That’s a green light and precedent for future presidents to declare emergencies, if the get less than they want from the legislative branch. I happen to think that is a bad thing, whether it results in something we like, or not.

That's right.

[roamer_1]

We agree that the declaration is not the problem.  And, there are many, many adjacent and tangential problems.

None so great as the one explicitly overriding the direct will of Congress, and the power of the purse, belonging to the House. Hence the Constitutional crisis.

This is a bad, bad thing.

[edpc]

@edpc
@roamer_1
@QueenCatofAragon

Now, I know you will attack McFarlalnd because you want the wall built tomorrow, but the eminent domain law is what it is, and he knows it as no other lawyer unless the other lawyer is also an expert in eminent domain.

The fact the declaration would be challenged, then inevitably delayed, was a known quantity. As I had mentioned previously, if this was a true emergency, in the purest sense, the president would declare martial law on the border. That would allow enforcement by military personnel and provide the temporary ‘human wall’ he had mentioned in the negotiation phase.


Donald J. Trump
@realDonaldTrump

Tremendous numbers of people are coming up through Mexico in the hopes of flooding our Southern Border. We have sent additional military. We will build a Human Wall if necessary. If we had a real Wall, this would be a non-event!

8:10 AM · Feb 5, 2019 · Twitter for iPhone


In the current circumstance, the military can only act as support. With martial law, the can enforce border law, without violating Posse Comitatus. That’s what would happen in a real emergency and why I don’t believe this is one.

[Sanguine]

None so great as the one explicitly overriding the direct will of Congress, and the power of the purse, belonging to the House. Hence the Constitutional crisis.

This is a bad, bad thing.

But, directly overriding the will of the executive branch is OK?

[edpc]

YEP. I would be more comfortable with a declaration of war. Weird, huh... 

Except, he cannot get that without Congress. He can declare martial law, without them.

[edpc]

But, directly overriding the will of the executive branch is OK?

The 1976 law allows for that, if the congress disapproves with majority vote and later has the votes to override a veto.

[roamer_1]

But, directly overriding the will of the executive branch is OK?

With regard to the power of the purse? Hell yeah. It is the perrogative of the House.
It is their job.

And Congress assembled made their will known. Senate AND House.
He is on very, very shaky ground.

[roamer_1]

Except, he cannot get that without Congress. He can declare martial law, without them.

Don't care about the particulars - Just the flavor of the thing.

[Sanguine]

With regard to the power of the purse? Hell yeah. It is the perrogative of the House.
It is their job.

And Congress assembled made their will known. Senate AND House.
He is on very, very shaky ground.

It is legal for him to direct the spending of some funds.

I'm done.  Doesn't matter what facts I present you with, you're going to take the anti-Trump side.  That's fine and your prerogative, but I'm done with the futile back and forth.

[roamer_1]

It is legal for him to direct the spending of some funds.

I don't think it is, if Congress has allocated it otherwise.

I'm done.  Doesn't matter what facts I present you with, you're going to take the anti-Trump side.  That's fine and your prerogative, but I'm done with the futile back and forth.

I assure you, this is not simply anti-Tump. I would say the same dang thing if it was RWR himself. 

[LegalAmerican]

NeverTrumpers are all upset that Trump turns out not to be a dictator, and like every other president must work through the corrupted political process to achieve his promised objective of building up border security.

Off topic, I heard Bernie Sanders attack Donald Trump with every ‘ism’ and called him every ‘phobic’ in the book, including xenophobic. Donald Trump – the guy who married two foreign women.

So I guess the circus is finally in town now that the 77-year-old Bernie the Clown is in center ring.

I agree. First they were afraid he would be a dictator, NOW they want him to act like a dictator. President TRUMP wrote his policy's and said...WORKING WITH CONGRESS AND THE CONSTITUTION, he will try to implement these policy's.
President TRUMP is not working on his political career! He is a billionaire and now PRESIDENT!   He has achieved the top rung....what political career is president afraid of losing? HE IS ALREADY AT THE TOP!  He TAKES NO PAY...works 100 hour weeks.  He "needs" a political career like some toe fungus.  People are really nuts, with all the same talking points.  HE DOES NOT HAVE TO DO THIS JOB!  HE WAS LIVING LIKE A KING BEFORE THIS, now all this slander & lies about himself and his family. Who needs the stress?  NOT PRESIDENT TRUMP.  People are NOT GRATEFUL for what he is doing. Foreign people post and say they wish they had a TRUMP for president. Our own people are blind to his achievements.   

[LegalAmerican]

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Re: Dershowitz: Trump's emergency declaration was a ‘mistake’
« Reply #34 on: February 19, 2019, 01:57:52 PM »
Quote
Quote from: Sanguine on February 19, 2019, 01:51:20 PM
And, you know as well as anyone else, that the dems do not need a Republican precedent to do what they are going to do. 

And, as for "quasi-dictatorship" what does that look like, and how is it different than now?
--------------------------------------------------

Your last line;  ARE YOU KIDDING?  Different than now?  You do know OBAMA is not president anymore, right?  That was the dictator.  What is dictator-like to you under president TRUMP?  Even following the law and constitution they, DEEP STATE, stop him.
List it. I really need to know. 

[aligncare]

WORKING WITH CONGRESS AND THE CONSTITUTION

Exactly. And I would expect nothing less from his tenure as president.

You’re also correct in saying that they (NeverTrumpers) blame Trump for republicans in Congress dragging their feet and putting up road blocks towards achieving the agenda upon which Trump was elected.

Not to mention they won’t admit that all their bellyaching and public insults of Trump assisted the Democrats in recapturing the house.

[txradioguy]

Not to mention they won’t admit that all their bellyaching and public insults of Trump assisted the Democrats in recapturing the house.

That's crap and you know it.  You ignore historical trends just to be able to toss out your meme about the mythical NT'ers/   

[LegalAmerican]

Exactly. And I would expect nothing less from his tenure as president.

You’re also correct in saying that they (NeverTrumpers) blame Trump for republicans in Congress dragging their feet and putting up road blocks towards achieving the agenda upon which Trump was elected.

Not to mention they won’t admit that all their bellyaching and public insults of Trump assisted the Democrats in recapturing the house.

Correct and that is why, they have some sort of mental disorder. Clear thinking people don't have these problems.

They are 'fighting" for America to be a socialist country. We have enough info, to make that a correct statement. AOC..
Kamala Harris..Cory Booker...MAXINE WATERS......all marxists and more.  Most DEMON-RATS, Black & brown race, wants
socialism/communism.  VENEZUALA. CUBA. 

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[LegalAmerican]

Oops wrong video.  Be back.

[corbe]

   Take your time.