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The Law Will Be on Trumpís Side If He Declares an Emergency to Fund The Wall
National Review ^ | 02/11/2019 | John Yoo

Posted on 02/11/2019 8:36:46 AM PST by SeekAndFind

Edited on 02/11/2019 10:50:36 AM PST by Sidebar Moderator. [history]

For all the legal analysts wringing their hands at the prospect of such a move, the courts would likely uphold it.

It seems increasingly likely that President Trump will declare a national emergency at our southern border in order to access funds to build a wall. Last week, I had the pleasure of debating National Reviewís very own David French on the legality of such a move in a Federalist Society-sponsored tele-conference. I wanted to take the opportunity to further explain my defense of Trumpís legal authority in response to Davidís excellent points.


(Excerpt) Read more at nationalreview.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: borderwall; emergency; mexico; trumpwall
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1 posted on 02/11/2019 8:36:46 AM PST by SeekAndFind
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To: SeekAndFind

Yeah? Well, the law was on Trump’s side to limit or halt immigration from select countries, too, until a judge from Hawaii thought he knew better.


2 posted on 02/11/2019 8:41:31 AM PST by Yo-Yo ( is the /sarc tag really necessary?)
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To: SeekAndFind

As we’ve seen having the law on his side means nothing to the Rat Judges who no doubt already have the injunctions written.


3 posted on 02/11/2019 8:43:02 AM PST by gibsonguy
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To: Yo-Yo

Yeah? Well, the law was on Trump’s side to limit or halt immigration from select countries, too, until a judge from Hawaii thought he knew better.
////////////////////////////////////////
Yes, a little 5ft 4 judge in Oregon, CA or Hawaii will stomp down on the emergency. Then Dems will say “See ya’ in court the next 2-3 years, sucker” to Trump.
Delays over “need more time to procure documents for this” “will not be able to appear on that date, may we be granted a postponement?” will go on for years.

Was our faulty system of justice always like this? Or a Dem president gets same day service in a sports car at the drive up justice window and GOP has to wait for the fullness of time to evolve along with the glaciers moving?


4 posted on 02/11/2019 8:47:55 AM PST by frank ballenger (End vote fraud,noncitizens & illegals voting & leftist media news censorship or we're finished.)
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To: Yo-Yo

RE: until a judge from Hawaii thought he knew better.

Ignore the lower courts, a lot are made up of judges who think they can act as the executive for this country.

The final battle will be at the Supreme Court and we’ll have to worry about ONE MAN — John Roberts.


5 posted on 02/11/2019 8:48:20 AM PST by SeekAndFind (look at Michigan, it will)
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To: SeekAndFind

The law will support Trump simply because the President has tried every possibility to secure the nation on the border, except building a physical barrier - a wall. The Courts will allow him to take the last step - an emergency declaration.


6 posted on 02/11/2019 8:50:43 AM PST by elpadre (AfganistaMr Obama said theoal was to "disrupt, dismantle and defeat al-hereQaeda" and its allies.)
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To: gibsonguy

As we’ve seen having the law on his side means nothing to the Rat Judges who no doubt already have the injunctions written.
////////////////////
Yes.
And sadly after all our years of waiting for this to be decided Roberts may vote liberal again.

President Michelle or Oprah or Booker won’t build the Wall anyway by then.


7 posted on 02/11/2019 8:51:30 AM PST by frank ballenger (End vote fraud,noncitizens & illegals voting & leftist media news censorship or we're finished.)
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To: SeekAndFind
The final battle will be at the Supreme Court and we’ll have to worry about ONE MAN — John Roberts.

Once RBG is replaced and Roberts is no longer the swing vote, I predict he will start voting more conservatively. The blackmail threats will no longer be effective once he is not the deciding vote. So all of these "close" cases will turn into a steady stream of 6-3 victories for the Constitutionalist side - exactly that the Left is terrified of.

8 posted on 02/11/2019 8:53:33 AM PST by Mr. Jeeves ([CTRL]-[GALT]-[DELETE])
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To: SeekAndFind
I'm in 3 day FB jail for calling muzzies, muzzies (again ... from July 2017 ... some muzzie has me in his sights ... I was just released from a 3 day for the same thing a few days ago)

But this should be on every FB wall/page.

WE ARE THE MEDIA THAT COUNTS TO AMERICA !

Be used.

9 posted on 02/11/2019 8:56:46 AM PST by knarf (I say things that are true. I have no proof, but they're true)
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To: SeekAndFind

Securing the border is definitely in the Presidents wheel house. I think it is job 1.


10 posted on 02/11/2019 8:58:17 AM PST by central_va (I won't be reconstructed and I do not give a damn)
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To: SeekAndFind

Trump’s legal case will be stronger if he focuses wall construction on areas where the threat of invasion is the strongest.


11 posted on 02/11/2019 9:03:12 AM PST by Socon-Econ (adical Islam,)
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To: SeekAndFind

>>I believe that the Roberts Court ............ would grant the same generous deference to President Trump.<<

Right! And Mohammedans are good, peaceful people. Roberts is Lucy and we are Charlie Brown. Roberts is STILL being blackmailed by the half-breed.


12 posted on 02/11/2019 9:04:36 AM PST by NTHockey (Rules of engagement #1: Take no prisoners. And to the NSA trolls, FU)
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To: SeekAndFind

Re Responses....
*******************
But...But......this is the land of liberty and the home of the brave, etc,etc.....???????
************************************
GyG@PlanetWTF?
Viva El TRUMP.45!
;(
**************************


13 posted on 02/11/2019 9:05:16 AM PST by gunnyg ("A Constitution changed from Freedom, can never be restored; Liberty, once lost, is lost forever...)
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To: knarf

Hell, I’m there for 30 days for the same thing in 2017....and just now they levied the FB jail sentence...What penis slurpers..


14 posted on 02/11/2019 9:05:34 AM PST by Cocos daddy
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To: SeekAndFind

The Constitution gives the President plenary authority over national security and actually compels him to protect the states from invasion. He doesn’t need permission from the courts or a law from congress.

#Build_the_fargin_wall!!!!


15 posted on 02/11/2019 9:08:30 AM PST by Electric Graffiti (Cocked, locked and ready to ROCK!)
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To: Yo-Yo
And how did that judge's ruling fare at the US Supreme Court?
Nearly all the crazy rulings from that deranged Hawaiian judge and the 9th Circuit against Trump have been o overturned.
16 posted on 02/11/2019 9:14:40 AM PST by SmokingJoe
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To: SmokingJoe
And how did that judge's ruling fare at the US Supreme Court? Nearly all the crazy rulings from that deranged Hawaiian judge and the 9th Circuit against Trump have been o overturned.

And how long did it take for the Supreme Court to finally uphold Trump's third attempt at a watered-down immigration ban?

17 posted on 02/11/2019 9:17:31 AM PST by Yo-Yo ( is the /sarc tag really necessary?)
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To: Cocos daddy
I stay with FB because a lot of people I communicate with still use it.

Every good activist goes to jail, gets out, and keeps on keepin' on.

I won't delete FB for the same reason I stay in the US in spite of being married to a dual citizen Filipina.

I have better advantages as a spouse in the Philippines with a dual citizen spouse ... I can own 40% of a business (she, of course the main stake holder with 60% ) and can live quite comfortably (in the Province) on SS alone.

Houses, f'rinstance are not insulated because it is always hot and skilled craftsmen work for about $4.00 a day.

18 posted on 02/11/2019 9:21:05 AM PST by knarf (I say things that are true. I have no proof, but they're true)
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To: SeekAndFind

Such a declaration probably would be upheld. So let’s stop wasting time, make the declaration, and get started. Congress isn’t going to act.


19 posted on 02/11/2019 9:25:17 AM PST by DoodleDawg
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To: Yo-Yo

“And how long did it take for the Supreme Court to finally uphold Trump’s third attempt at a watered-down immigration ban? “

Exactly. Because John Roberts refused to slap down these unconstitutional edicts from the lower courts.

Trump’s legal advisors have done irreparable damage to the office of the presidency by advising him to kowtow to the courts. It’s insanity.


20 posted on 02/11/2019 9:31:20 AM PST by Electric Graffiti (Cocked, locked and ready to ROCK!)
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