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 ...
Wouldn't it be better to read the articles before commenting on them?
I don’t think the judiciary can touch a declaration of national emergency.
Alive on this end.
Maybe your browser is blocking it?
Where is the list?
“FWIW, Im not a constitutional lawyer.”
But did you at least stay at a Holiday Inn Express?
Right now, a democrat activist has finished writing their lawsuit and is poised to enter it as soon as this signing ceremony is finished.
This is a very well written and persuasive article, written by someone well versed in legal history and analysis. Unfortunately, no lawyer will take it seriously because, a few paragraphs in, the author claims that Dwight Eisenhower was the president who seized the steel mill that was the subject of the Youngstown Steel Case. The case is one of the most important Supreme Court cases regarding executive power (as the author notes), and every law student studies it in Constitutional Law, which is why every lawyer knows that it was President Truman, not Eisenhower, who seized the steel mill during the Korean War. And even non-lawyers will pick up on the fact that SCOTUS decided the case in 1952 (as the author acknowledges) and that Eisenhower didn’t become president until January 20, 1953.
If we want to disseminate the article to convince skeptics regarding presidential declarations of emergencies, we need to convince that website to correct the name of the president in the article. Otherwise, the article will lose all credibility.
I’m gonna keep supporting President Trump and see how he handles it - he always has a plan and he’s known from the get-go that the Bill would be loaded with poison pills. The Dems and RINOs can make it messy, but i believe the People will win in the end....noticed a lot of Angel families on the news shows recently saying to build the wall because they were actually barred, for a substantial period, from knowing it was illegals that killed their loved ones ....
Save for later
L8r
Bookmark Bump
You mean Freepers are gonna have to click on the link and actually read its contents??? Before posting a reply???
Honest Abe suspended habaes corpus and let the Constitution be damned. How far from that is the US now? CW II is just on the threshold.
You mean, like they didn't already? Don't forget that Harry Reid invented the nuclear option on the filibuster rule. DJT just used it to, among other things, get two supreme court justices confirmed.
A strange factual error from this excellent commentator--esp. since a Republican rather than a Dem gets blamed for taking over the steel mills.
An alert has been posted to the Contact section of 50 State Report's website.
Will check their response tomorrow and Monday.
Bookmark.
Mark
If so many are “still active”, does that mean it takes another presidential executive order to declare a “national emergency” as over.
Is that all it is? Some have after being declared have been ignored by presidents after the emergency was over, and so they still stand as open on the books.
Or, have the presidents enjoyed an abuse of power and authority (continued use of an “emergency declaration” as justification for action) that leaving such emergencies open gives them, particularly in regard to “international” situations?
Seems that no political agency is interested in closing down a Presidential Emergency after it is created.
Looks like there are two ways of closing Emergencies down: 1) a Presidential Proclamation Terminating an Emergency; 2) a Congressional vote by both Senate and House to close an Emergency.
Obviously neither the Executive or Legislative branches seem interested in closing all these open Emergencies dating decades back. There just doesn't seem to be the political will for it.
The Judicial Branch doesn't seem to have a part in closing down existing Presidential Emergencies. We are about to find out what part the Supremes will play in President Trump's newly minted Emergency of 2019.
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