Author Topic: Yes, Trump has authority to declare national emergency for border wall By Jonathan Turley  (Read 397 times)

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Yes, Trump has authority to declare national emergency for border wall
By Jonathan Turley, opinion contributor — 01/08/19 12:00 PM EST

Supreme Court Justice Joseph Story once marveled, “How easily men satisfy themselves that the Constitution is exactly what they wish it to be.” If Story returned to life today, he would find these to be familiar times, as politicians and pundits have decided that the Constitution bars an action by President Trump, even when they reached the diametrically opposite conclusion on similar actions taken by President Obama during his term.

In the latest “constitutional crisis” declared on Capitol Hill, Democrats are adamant that they will not fund the signature pledge of Trump to build a border wall. In response, Trump has threatened to start construction unilaterally under his emergency powers if Congress refuses to yield to his demand for more than $5 billion. Critics turned to the Constitution and found clear authority against Trump. Representative Adam Schiff, Berkeley law school dean Erwin Chemerinsky, Yale law professor Bruce Ackerman, and many others denounced such a move as flagrantly unconstitutional.

The concern is well founded even if the conclusion is not. Congress has refused the funds needed for the wall, so Trump is openly claiming the right to unilaterally order construction by declaring a national emergency. On its face, that order would undermine the core role of Congress in our system of checks and balances. I happen to agree that an emergency declaration to build the wall is unwise and unnecessary. However, the declaration is not unconstitutional. Schiff, now chairman of the House Intelligence Committee, insists that Trump “does not have the power to execute” this order because “if Harry Truman could not nationalize the steel industry during wartime, this president does not have the power to declare an emergency and build a multibillion dollar wall on the border.”

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https://thehill.com/opinion/judiciary/424314-yes-trump-has-authority-to-declare-national-emergency-for-border-wall
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Offline To-Whose-Benefit?

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Well, after this ridiculous tooth and nail display of inside-out pique from the Democrats, I Hope, the usual NT types won't drag out their "Trump is Blowing a Hole In The Debt" soapbox again over the funding, However he chooses to fund it.

$155 Billion a year to roll out the red carpet for them versus ???????
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Offline Right_in_Virginia

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Yes, Trump has authority to declare national emergency for border wall
« Reply #2 on: January 08, 2019, 01:08:21 PM »
Yes, Trump has authority to declare national emergency for border wall
The Hill, Jan 8, 2019, Jonathan Turley

<snip>

I happen to agree that an emergency declaration to build the wall is unwise and unnecessary. However, the declaration is not unconstitutional. Schiff, now chairman of the House Intelligence Committee, insists that Trump “does not have the power to execute” such an order because “If Harry Truman could not nationalize the steel industry during wartime, this president does not have the power to declare an emergency and build a multibillion dollar wall on the border.”

The problem is that Trump does have that power because Congress gave it to him. Schiff is referring to the historic case of Youngstown Sheet and Tube Company v. Charles Sawyer, in which the Supreme Court rejected the use of inherent powers by President Trump to seize steel mills during a labor dispute. Truman claimed a national security emergency if steel production halted during the Korean War. In a powerful check on executive authority, the Supreme Court rejected his rationale for unilateral action. The Supreme Court was correct. That, however, was 1952.

More than two decades later, Congress expressly gave presidents the authority to declare such emergencies and act unilaterally. The 1976 National Emergencies Act gives presidents sweeping authority, including an express allowance to declare an “immigration emergency” to deal with an “influx of aliens which either is of such magnitude or exhibits such other characteristics that effective administration of the immigration laws of the United States is beyond the existing capabilities” of immigration authorities “in the affected area or areas.” The basis for such an invocation is generally worded and includes the “likelihood of continued growth in the magnitude of the influx,” rising criminal activity, as well as high "demands on law enforcement agencies” and “other circumstances.”

Democrats have not objected to use of this authority regularly by presidents, including roughly 30 such emergencies that continue to this day. Other statutes afford additional emergency powers. Indeed, a 2007 Congressional Research Service report stated, “Under the powers delegated by such statutes, the president may 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, regulate the operation of private enterprise, restrict travel, and, in a variety of ways, control the lives of United States citizens.”

Congress has spent decades yielding authority to the executive branch. When it agreed with a president, such near imperial authority was even celebrated. Now, consider the objections from Representative Joaquin Castro, who is chairman of the Congressional Hispanic Caucus. He declared that it would be “profoundly inappropriate for the president of the United States to circumvent the legislative branch and single handedly, against the will of the American people and the American Congress, put up a wall.”


[continued]


More: http://www.freerepublic.com/focus/f-news/3718234/posts


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Offline Jazzhead

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Re: Yes, Trump has authority to declare national emergency for border wall
« Reply #3 on: January 08, 2019, 01:35:25 PM »
This is the hill to fight on.   
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Offline ABX

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Re: Yes, Trump has authority to declare national emergency for border wall
« Reply #4 on: January 08, 2019, 01:39:13 PM »
from another post--

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. 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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Yesterday,, the great television lawyer Andrew Napolitano, claim otherwise.

Said Trump did NOT have authority to declare an emergency, of to divert/spend funds on said emergency.

I would truly be impressed to hear Cruz, other high profile Republicans also speak up in support of dealing with this long lingering problem.

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Offline kevindavis

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Re: Yes, Trump has authority to declare national emergency for border wall
« Reply #6 on: January 08, 2019, 08:23:27 PM »
from another post--

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. 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.


Also seize private property..
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Re: Yes, Trump has authority to declare national emergency for border wall
« Reply #7 on: January 08, 2019, 08:29:09 PM »
from another post--

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. 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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Offline ABX

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Re: Yes, Trump has authority to declare national emergency for border wall
« Reply #8 on: January 08, 2019, 08:29:44 PM »

Also seize private property..

If needed. The property is the Country's first.  P ople pay just have to give up some property and rights to give them a sense of security.


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