But first, Becerra will dazzle us with his South of The Border act.
"Hit it, boys. Roll the La Cuacracha tape, and get me my sombrero and my castanents."
Posted on 02/17/2019 2:38:41 PM PST by Liz
Cali is in rebellion against the govt......
I like it.
states and courts have no standing
Only the congress can overrule an emergency declaration and that is by joint resolution which the president can veto.
This is why Trump should declare that the judiciary has no say in the response to national emergency. The code below gives congress the responsibility for checks and balances on emergency declarations. They can overrule with joint resolution.
You can’t ensure national security when your response is subject to judicial fiat of 1 or 3 judges.
Cal announced they will file a suit against the declaration. The governor says it interferes with their drug interdiction program (LOL),
no standing for a court or state to over turn an emergency decree. Only congress. But Trump’s stamens this morning indicates he will go through the court process possibly delaying construction till he loses the election.
The court should spank Pelosi and send her back to the house without supper. Below is her recourse.
If he cannot build more than 55 miles, he will not be re-elected.
The president should put the court on notice that they have no standing in national emergencies. The check and balance on the president’s emergency powers is the congress. You can’t respond to emergencies when any judge can overrule your actions.
The congress can terminate a president’s 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
from lexisnexis
A joint resolution, H.J. Res. or S.J. Res., is a legislative proposal that requires the approval of both Chambers and the signature of the President, just as a bill does, in order to have the force of law.
Joint resolutions from each House are assigned a number in the order in which they are introduced. Joint resolutions may be introduced in either Chamber and generally are used for limited matters such as continuing or emergency appropriations or the designation of a commemorative holiday.
There is little practical difference between bills and joint resolutions, although only a joint resolution may be used to propose amendments to the Constitution. In the case of a Constitutional amendment, the signature of the President is not required, but three-quarters of the states must ratify the proposed amendment before it can become part of the Constitution.
Prior to the 77th Congress (1941), laws enacted by joint resolutions were numbered separately from bills in the Statutes at Large, but since that time there has been no distinction made between laws that were introduced as bills and laws that were introduced as joint resolutions.
But first, Becerra will dazzle us with his South of The Border act.
"Hit it, boys. Roll the La Cuacracha tape, and get me my sombrero and my castanents."
Becera is a memeber of La Reconquista a movement to have Mexico take over the southwest of the uS through immigration, including illegal. Brown and Gov Nuisance are merely dups for the movement lead by state Senator Kevin De Leon who is being termed out and will soon be on the lA city council with other La Recon members.
Becera has threatened Cal business owners of they cooperate with ICE
this should be interesting.
There are more than 7 billion people alive, so Becerra may be assuming that every last person may potentially want to come to the US and be hindered by Trump’s action. I don’t know how he gets to 8 billion—maybe some of them want to bring their dogs and cats.
I cannot put into words my hatred for BO and who he is.. how he is treated compared to a decent man...how the media and ignorant people treat him who has no honor or decency in him.. who sold our nation, who lied his way thru, who is evil to the core and unleashed the pit on this nation..it’s hard to fathom people and the pass he gets...
And come down on our President like they do.. it’s upside down.. how can it be explained but that the devil is having a heyday via ignorant hate filled hell bound people.
This is hard to believe.. but it’s every day in our face!
I am deeply disappointed that New
Mexico has jumped on board with this
subversive act. It’s now blatantly
obvious that governor Grisham has been
bought, along with its’ House and Senate
representation. The Dems have control
of a border state, and intend to use
it for their open borders, illegal
alien take over of the US.
Fooled a lot of people.......no question.
Is California AG Xavier Becerra just another leftist thug looking for other people's money to slow down the fiscal demise of his sinking state?
He may be running out of corrupt activist judges. At least I hope so.
Socialist/communist Democrats in California has successfully taken control of the government. Conservatives and Republicans cannot win rigged elections. Mob rule rules.
However, they disparately need other state's money and federal dollars to stay afloat.
The State of California has become a Third World country.
There war is going on in California against Rump and his immigration policies. Becera is not just another liberal thug. He is a dedicated member of movement total back the southwest for Mexico.
LOL Trump
We are taking notes as to what we will do to your next libtard president. Just remember you socialists made these tactics acceptale and normal.
Exactly, Gavin and Bacerra under federal law are insurgents
They are pissing in the wind.
We are building the border wall on the wrong border Build it on Nevada, Arizona and Idaho facing California. Box California Oregon and Washington state in
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.