Posted on 02/14/2019 3:42:10 PM PST by henbane
If the federal courts actually follow the law, President Trump cannot be prevented from “reprogramming” funds appropriated for the U.S. Department of Defense and actually using the military (such as the U.S. Army Corps of Engineers) to build the border wall.
Congress has given a president the power to declare a national emergency by 50 U.S.C. 1621 and 50 U.S.C. 1622. A declaration of an emergency allows the President to reprogram funds in the military budget. See 33 U.S. Code § 2293 “Reprogramming during national emergencies.”
(Excerpt) Read more at 50statereport.com ...
There are still national “emergencies” in place from 1933 and Franklin Delano Roosevelt. No constitutional justification whatsoever.
When Obama did it, NO ONE cared, heck NO ONE knew..I had no idea he declared one when 13 people got the swine flu..did anyone know people had the swine flu during the Obama years I had no idea, because the commie media never reported it
Some people think that the a lower court will stop Trump’s National Declaration of an Emergency. The Supreme Court will likely rule that Congress with a 2/3 majority of both houses can stop the Declaration. If the Democrats try to stop this before even a vote is held, the Trump administration will easily argue that a vote must take place before they can sue.
A lower court will not stop a declaration of emergency. It is authorized by the Congress and executed by the Executive, 2/3 of the government. These other looney district court rulings have delayed an administrative ruling, not a statute authority. That could only occur after a full court proceeding through all of the appeals.
Dead link
And then ten million armed patriots should show up in D.C.
..............................
Getting 10 million patriots to show up in D.C., armed or not, would be a formidable challenge, but when the call comes I will be there.
Can’t trump END them?
“when the call comes I will be there”
2 down, a few more to go.
When the time comes, we will exercise the same God-given right that started this nation: “Governments are instituted among Men, deriving their just powers from the consent of the governed... whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
I believe there are more than 10 million patriots who are ready, willing, and able to save our Republic when the time comes.
When a couple thousand people can organize and cross your borders against your will, it is an invasion ...
I would like to see him sign the Wall-creating National Emergency declaration first...
Then just turn around and leave.
.
I guess whatever’s going to happen will happen tomorrow. But if this bill actually does give de facto amnesty to any adult illegal connected to a minor alien child in the US, or at the border, then that would probably set off far larger surges of illegals than we’ve ever seen.
And, of course, the Dim strategy to combat a national emergency declaration will be to run to the most leftist district court judge they can fine and try to use the courts to run out the clock of Trump’s first term.
If the WH is not willing to defy the courts on national emergency authority, this will likely make things worse than they would have been if nothing had been done.
Bump
We are presently under 30 declared national emergencies, since 1979.
BTW, the frauds who are pushing for an Article V Convention of States, assert they have proposed a balanced budget amendment - but the language of that proposed amendment (the author is Mark Levin) allows for a suspension spending ceiling in the case of a “declared national emergency.” This perfectly illustrates the intellectual dishonesty of those pushing for an Article V.
I’m no lawyer so I have yet to form an opinion on his opinions, but it’s an intriguing theory.
“The odds of a win judicially are very slim”
You don’t know what you’re talking about.
I read that those restrictions apply ONLY to the money appropriated by the bill. If the president were to declare a national emergency and divert money from elsewhere, Congress would have no say in the matter.
That's what I read. Since there is -- in stature -- legislative recourse, the courts are supposed to butt out.
Andrew Jackson all the way
Why only eight billion.
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