Posted on 01/25/2019 9:06:54 PM PST by E. Pluribus Unum
The political class, including many conservative insiders, will look at you with wild eyes if you suggest that president has the authority to either declare an emergency at our border or use defense funds for an operation that should be the highest priority of national defense. But Congress’ own research arm makes it clear that such delegated authority to the president has been the norm since our Founding.
While many have complained that the 1976 National Emergencies Act (NEA) is too broad, the Congressional Research Service (CRS) memo, which was first posted by the Daily Caller, makes it clear that that this act actually limited the president’s authority relative to what it was before:
By 1973, Congress had enacted over 470 statutes granting the President special authorities upon the declaration of a “national emergency,” but had imposed no substantive or procedural limitations on either the President’s discretion to declare an emergency or the duration of such emergencies. After a Special Committee of the Senate concluded in a 1973 report that the President’s crisis powers “confer[red] enough authority to rule the country without reference to normal constitutional process,” Congress enacted the NEA in 1976 to pare back the President’s emergency authorities.
But if you look at the text of the NEA, the only substantive burdens it placed on the president during such a declaration are to articulate which statue he is using, publish the proclamation in the federal register, and transmit to Congress all relevant regulations and expenditures under such declaration. It also forces the president to renew the declaration every year and authorizes Congress to disapprove of the declaration with a two-thirds vote in both houses. In other words, it mandated more transparency on the president relative to our prior history, but never imposed upon him legally enforceable...
(Excerpt) Read more at conservativereview.com ...
Build the wall, enforce the law, deport them all.
Declare a National Emergency , declare marital law in all U.S.-Mex borderline counties . Remove all ‘foreign aid’ to El Salvador , Guatemala and Honduras . Penalize Mexico for facilitating trans-Mexico movement of illegal alien invasion groups .
The authority lies there, untouched, unguarded and revealed. All he has to do is to use it before further attempts are made to take it away. Sort of like Thor pulling a sword from a stone. Grab the hilt of that heavy sword, pull it out and be ready to wield it like the finely tempered weapon it really is.
The Hourglass has been turned upside down, and a period of waiting resumes once again.
Nancy and the minority rats in the Senate led by Schumer would lose ALL of their power to throw their temper tantrum. There is one reason they want an electronic border.
ALL PEOPLE HAVE TO DO IS CROSS THE BORDER and then claim asylum!
Rats and Rinos DO NOT WANT A PHYSICAL BARRIER! Trump should issue the emergency declaration and start building the physical concrete barrier!
I heard Shapiro and Nepalitano saying that the courts will never allow trump to declare an emergency to fund the wall.
I hope they’re wrong. I don’t know though.
he has the duty to act. The united states SHALL defend the states from invasion. not can. SHALL
9th circuit will shut him down immediately.
The only question is whether the Supreme Court will do anything about it. If Roberts goes with the liberals...game over.
Exactly!
Use the Immigration and Nationality Act.
8 U.S.C. §1182(f):
“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
Trump has spent the last two years pretending he lacks the legal authority to stop the flow of illegal immigrants.
Not that it matters.
Even if he used this authority, he would instantly buckle after the first injunction from a Leftist judge.
“...It also forces the president to renew the declaration every year and authorizes Congress to disapprove of the declaration with a two-thirds vote in both houses. In other words, it mandated more transparency on the president relative to our prior history, but never imposed upon him legally enforceable conditions for determining whether the problem rises to the level of a national emergency....”
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So, Nancy and Schumer, you guys got two-thirds of both the House and the Senate nailed down.
Man, we’re going to have to add Trump’s image to Mount Rushmore if he goes down this EFFECTIVE route and SAVES THE REPUBLICAN. The ‘RATS will be arguing over “whose idea was it to not give Trump his $3 million.”
The whiners are all disingenous. Dont even deserve to be heard.
A most excellent chant!
The Congress Research group has indicated Trump has the authority and the courts can’t stop him.
Shapiro and Judge Nappy say a lot of things that are proven to be wrong.
Trump is trying to accomplish his goal through the legislative process, rather than appearing to be a Dictator.
They are both quasi lightweights
And have a degree of anti-Trump on their makeups
I think what Trump used that to close off immigration from some Islamic terrorist countries some time back
Of course the media and dems said he was being racist
I certainly hope Trump doesn’t get intimidated by any of those local judges because they have no right to decide what he can or cannot do
Authorize, fund, and construct the wall. Ignore all lower court rulings. Courts are there to interpret the law, not make it.
Maybe he’s waiting for Ginsburg?
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