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]
That judge in Hawaii blocked Trump’s third travel ban on October 2017. The Supreme Court ruled 5-4 in favor of Trump’s third travel by June 2018. So it took 8 months upheld the travel ban for good.
The point is the courts have no say in national security. NONE. Trump should’ve NEVER listened to any of these unconstitutional injunctions. (His advisors are complete morons)
He doesn’t need a green or red light from the courts to carry out his duties under the Constitution. And the courts are NOT the final arbiters on what is constitutional.
The Democrats have a stable of corrupt district judges who will do Pelosi’s bidding. And the chosen judge will certainly be found within the jurisdiction of the 9th Circuit. But, having declared a National Emergency, the President can direct the AG to appeal directly to the Supreme Court where they will issue an injunction, consider the question immediately and send the Courts back to their corner to color. The media will scream and shout and run about, but the wall will be built. By being patient, Trump put Pelosi exactly where he wanted her to be.
That’s actually all going to come down to what sort of threat John Roberts receives the day before a ruling is handed down.
“But, having declared a National Emergency, the President can direct the AG to appeal directly to the Supreme Court where they will issue an injunction, consider the question immediately and send the Courts back to their corner to color. “
Why not resign and let the courts handle everything? It’s become so absurd that if we had armed chicoms streaming across the border and PDJT tried to stop them a court would intervene. Should he have to wait until the SCROTUS tells him whether or not he can act? /rhet
he congress can terminate a presidents emergency declaration. THAT is the check and balance on presidential power. Trump should tell the court, you have no jurisdictions for emergencies. The country cannot respond to emergencies on the basis of judicial fiat.
HERE IS SOME INFO.
What the Law Does
The NEA authorizes the president to declare a national emergency, which declaration activates emergency powers contained in other federal statutes.3 During the 2009 H1N1 influenza pandemic, the president’s declaration of a national emergency under the NEA, coupled with the HHS secretary’s prior determination of a public health emergency under Section 319 of the Public Health Service Act (PHSA), permitted the activation of Social Security Act (SSA) Section 1135 waiver authorities. (See Figure A for the text of the 2009 H1N1 NEA declaration.)
How the Law Works
The NEA does not provide any specific emergency authority on its own, but relies on emergency authorities provided in other statutes. A national emergency declaration allows for the activation of these other statutory authorities. Emergency statutory provisions are not activated automatically, however; they must be specifically identified in the president’s declaration before these authorities may be given effect.
Declaration
NEA Section 201 authorizes the president to declare a national emergency. The proclamation of a national emergency must be immediately transmitted to Congress and published in the Federal Register.1,2 Under NEA Section 301, statutory emergency authorities enabled by the national emergency declaration cannot be exercised until the president specifies the provisions of law under which the president or other officials will act. Such specification may be made either in the declaration or in subsequent Executive Orders published in the Federal Register and transmitted to Congress.
Termination
A national emergency can be terminated if the president issues a proclamation or if Congress enacts a joint resolution terminating the emergency. A national emergency will terminate automatically upon the anniversary of the proclamation unless the president renews the proclamation by transmitting notice to Congress within a 90-day period prior to the anniversary date and publishing it in the Federal Register.
Immunity and Liability Issues
The national emergency provisions of the NEA do not address liability issues or provide any immunity. The act could be used to activate emergency authorities in other federal statutes that provide immunity during emergency events.
How the Law Affects States
National emergency declarations under the NEA can impact states through the federal statutory emergency authorities activated once the NEA declaration is made. The most recent example of this effect was the activation of SSA Section 1135 waiver authority during the H1N1 influenza pandemic.
FIGURE A
DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE 2009 H1N1 INFLUENZA PANDEMIC
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
October 24, 2009
“NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, including sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.) and consistent with section 1135 of the Social Security Act (SSA), as amended (42 U.S.C. 1320b-5), do hereby find and proclaim that, given that the rapid increase in illness across the Nation may overburden health care resources and that the temporary waiver of certain standard Federal requirements may be warranted in order to enable U.S. health care facilities to implement emergency operations plans, the 2009 H1N1 influenza pandemic in the United States constitutes a national emergency. Accordingly, I hereby declare that the Secretary may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children’s Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the 2009 H1N1 influenza pandemic. In exercising this authority, the Secretary shall provide certification and advance written notice to the Congress as required by section 1135(d) of the SSA (42 U.S.C. 1320b-5(d)).”4
The President is the commander in chief. The chief EXECUTIVE. The man tasked with the protection of our borders and national security. The reason why we have elections. He doesn’t need a law from Congress to do his job under the Constitution.
“THAT is the check and balance on presidential power.”
They have the power of impeachment. That’s it. The courts have no power.
when the dems sue he should make that statement
sure he does. Declaration of war for example. I posted the law that says congress can override. My point is the courts have no standing.
Like he killed ObamaCare? There were Freepers that argued that Roberts actually killed it by approving it.
Of course there is no chance they will find the holes, right?
Have you told the President?
I tweeted to him when the first injunctions started to ignore the unconstitutional edicts from the black-robed tyrants.
It must have got lost in translation.
With the coyotes changing their
tactics, anywhere there is not a
physical barrier, the threat of
invasion is pretty much equal.
The caravan organizers are busing
illegals in areas that are very
remote.
I’m tired of this discussion; everyone has already shown their cards. Declare the national emergency. Build the Wall. Press for a rapid review when America’s globalist enemies file a case in front of their hand-picked Obama judge. And then make all the necessary funding available to build 1,900 miles of Border Wall this year. Don’t just go for symbolic progress - get the job done now.
President Trump doesn’t need this issue to get reelected. Instead, he can point to the accomplishment, and push for a second big task for his second term. [I want that to be deporting every single illegal in our country, but it’s better politically if he articulates a different priority during the campaign and then deports all those criminals while also accomplishing his new goal.] How about ending HIV/AIDS completely as a second-term goal?
Throw in three more Supreme Court picks, 100-plus lower court judges, and a shift toward smaller federal government and more restrained spending, and the Trump Presidency will be a big win for America.
I didn't bother, Freepers pilloried me for even thinking he should tell those thugs to take a hike. Giving in, set a really bad precedent we sadly now have to live with.
Haven’t y’all heard? Facebook is Evil.
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