Pelosi to House Dems and GOP: Everybody better get on board our Stop Trump’s Emergency bill tomorrow

[bilo]

Pelosi knows it too, so she has announced that she will authorize a lawsuit blocking Trump from spending money under the declaration. Legal experts don’t think Pelosi has a strong case on this, at least not once appellate courts get involved. Congress has already provided Trump the mechanism for this, which makes the issue of the quality of the emergency a political question that the appellate courts usually leave to the two elective branches:

    Harvard Law School Professor Cass Sunstein wrote in a Bloomberg opinion piece last week that courts are not likely to rule that the national emergency is unlawful, even if Trump’s own statements and actions, as well as facts, do not support his declaration.

    That’s because under the National Emergencies Act of 1976, Congress gave the president broad power to determine what constitutes a national emergency.

    “It’s an emergency under federal law because Trump said it is,” said Jonathan Turley, a George Washington University professor of law and contributor to The Hill. “The National Emergencies Act has one conspicuous omission: It doesn’t define what an emergency is.”

    And since Congress gave itself the power to overturn a declaration — by passing a resolution with a simple majority that would require a two-thirds majority to override a veto — the courts may decide the dispute is not for them to decide.

Sunstein’s hardly a conservative stalwart, but he knows how to read the statute and how to interpret Congress’ utter lack of interest in policing it.

https://hotair.com/archives/2019/02/21/pelosi-house-dems-gop-everybody-better-get-board-stop-trumps-emergency-bill-tomorrow/

[Restored]

The courts will block it no matter what.

[bilo]

Unfortunately for Coons and other Democrats — and a handful of Republicans protesting Trump’s actions — that precedent was set decades ago. While this may be the first time a president has used the National Emergencies Act passed by Congress in 1976 to bypass Congress’ appropriations process, the law does indeed contain a grant of authority for presidents to spend money without appropriation from Congress. If Congress challenges Trump’s novel use of the NEA, it might have to explain why the law allows for his move in the first place — and why Congress remained uninterested in policing this authority until now. …

Congress passed this, if they want their authority back they need to pass a new law that can override Trump's veto.

Build the Wall!

Finish the Wall!

[bilo]

The courts will block it no matter what.

Not once it gets to a court that reads the law, either an Appellate or the SCOTUS.

[libertybele]

Not once it gets to a court that reads the law, either an Appellate or the SCOTUS.

The point of contention isn't whether or not he has the authority to declare a national emergency but whether or not he has the authority to re appropriate funds that Congress has already approved for other uses.

[XenaLee]

Not once it gets to a court that reads the law, either an Appellate or the SCOTUS.

Yea, but.... as we have already seen.... it all depends on how the law is "read" and interpreted....(ala Roberts interpreting (rewriting) ObamaCare to save it).  So don't count on 'this' SCOTUS to read it accurately.  We are still outnumbered on that court.

[bilo]

The point of contention isn't whether or not he has the authority to declare a national emergency but whether or not he has the authority to re appropriate funds that Congress has already approved for other uses.

The Act gives him that authority. If Congress doesn't want the POTUS to have this power they need to pass a new law taking it away from the POTUS. Of course to do this they will have to draft a law that members of both parties support in overwhelming numbers.

[bilo]

Yea, but.... as we have already seen.... it all depends on how the law is "read" and interpreted....(ala Roberts interpreting (rewriting) ObamaCare to save it).  So don't count on 'this' SCOTUS to read it accurately.  We are still outnumbered on that court.

I worry about that, but the law itself is very clear. Trump does have the authority to not only declare an emergency, but to allocate money to respond to the emergency.

[XenaLee]

I worry about that, but the law itself is very clear. Trump does have the authority to not only declare an emergency, but to allocate money to respond to the emergency.

True... and I hate to point this out... but....

having legal authority isn't what the issue seems to be.... and things have changed in this country and in DC... drastically, over the past few years.  The swamp has multiplied, grown, flourished.  It's like Trump's election (Hillary's defeat) galvanized the radical left.

Their only issue is that it's Trump doing it.  And the Mueller investigation is the excuse... since Mueller will delay for as long as possible to release his ""findings"" of no there there.   You wonder why Barr hasn't instructed Mueller to end it yet?  I don't.

[libertybele]

True... and I hate to point this out... but....

having legal authority isn't what the issue seems to be.... and things have changed in this country and in DC... drastically, over the past few years.  The swamp has multiplied, grown, flourished.  It's like Trump's election (Hillary's defeat) galvanized the radical left.

Their only issue is that it's Trump doing it.  And the Mueller investigation is the excuse... since Mueller will delay for as long as possible to release his ""findings"" of no there there.   You wonder why Barr hasn't instructed Mueller to end it yet?  I don't.

Trump may have the authority to use funds, but does he have the authority to use funds that have been appropriated for other uses?? 

As far as the Muller investigation, keep in mind that it was Trump who appointed Rosenstein in the first place!  So yes, I am still wondering why???

[bilo]

True... and I hate to point this out... but....

having legal authority isn't what the issue seems to be.... and things have changed in this country and in DC... drastically, over the past few years.  The swamp has multiplied, grown, flourished.  It's like Trump's election (Hillary's defeat) galvanized the radical left.

Their only issue is that it's Trump doing it.  And the Mueller investigation is the excuse... since Mueller will delay for as long as possible to release his ""findings"" of no there there.   You wonder why Barr hasn't instructed Mueller to end it yet?  I don't.

I think even more than Trump doing it what has DC tied up in knots is it's being done.

If the courts aren't going to rule honestly then we are going to end up with the kind of response that the Dred Scott decision led to.

[XenaLee]

I think even more than Trump doing it what has DC tied up in knots is it's being done.

If the courts aren't going to rule honestly then we are going to end up with the kind of response that the Dred Scott decision led to.

I don't see the correlation.  Care to explain?

[bilo]

I don't see the correlation.  Care to explain?

" The Dred Scott Decision was landmark decision by the Supreme Court in 1857 that effectively ruled that slaves were property. The Dred Scott decision of 1857 ruled that enslaved African-Americans were property and had no rights."

Three years later we are in a shooting war.

If the courts continue down the hyper partisan path in the end they will have lose their credibility and the Republic will split apart. The law is clear Trump has the authority to do what he's done. If the court ignores the law (obamacare, DACA, etc.) it's one more step towards Dred Scott. When the final refuge of the courts is gone what will people do.

[XenaLee]

" The Dred Scott Decision was landmark decision by the Supreme Court in 1857 that effectively ruled that slaves were property. The Dred Scott decision of 1857 ruled that enslaved African-Americans were property and had no rights."

Three years later we are in a shooting war.

If the courts continue down the hyper partisan path in the end they will have lose their credibility and the Republic will split apart. The law is clear Trump has the authority to do what he's done. If the court ignores the law (obamacare, DACA, etc.) it's one more step towards Dred Scott. When the final refuge of the courts is gone what will people do.

Oh, ok...lol.   But the Dred Scott decision wasn't the sole reason 'why' we had a civil war.  That's what was confusing.

Thanks for the splain.   And just like back then.... the next civil war will have more than one 'reason' or trigger.  It's been coming on for decades (since the age of McCarthyism?).  And as another constant in the universe....

I blame the radical left (Democrats).

[bilo]

Oh, ok...lol.   But the Dred Scott decision wasn't the sole reason 'why' we had a civil war.  That's what was confusing.

Thanks for the splain.   And just like back then.... the next civil war will have more than one 'reason' or trigger.  It's been coming on for decades (since the age of McCarthyism?).  And as another constant in the universe....

I blame the radical left (Democrats).

We are on the same page.

The left are all tied up in knots because Trump used a law they passed when they had overwhelming control of Congress. Our govt has a great system of checks and balances if people have some integrity. Congress can easily draft a new law taking away the authority it gave to the POTUS in 1976. All they have to do is draft a law that will pass with a veto proof majority.

[XenaLee]

We are on the same page.

The left are all tied up in knots because Trump used a law they passed when they had overwhelming control of Congress. Our govt has a great system of checks and balances if people have some integrity. Congress can easily draft a new law taking away the authority it gave to the POTUS in 1976. All they have to do is draft a law that will pass with a veto proof majority.

Congress can... but Congress won't.   They want all the power they can get for when they get their guy in the WH again. 

Just heard a chilling suggestion (Rush) that Obama wants back in the WH, even 'if' it has to be via Michelle running and winning the presidency.  And I can only imagine how much $$$ Soros will donate to that (second time) endeavor.  We can't let that happen.  Our nation will be finished, finally and literally, if it does.

Bottom line... the left is doing itself no favors by coming outta da closet re: their Marxist, communist 'real' ideology... after all these decades.   I credit the election of Trump with outting these leftists... or rather, with causing them to out themselves.  So there is a silver lining here.  And I think/hope that silver lining will result in ... once again... the silent majority of 'real American patriots' showing up at the election booths in 2020 to smack these azholes down...

once again.