Posted on 01/08/2019 12:31:01 PM PST by Jacquerie
The president is right to leverage the debate by threatening to use power Congress has already delegated to at least begin constructing portions of the wall. Whether we agree with such delegation or not, there is no more appropriate situation in which it should be used than with our own border.
Obviously, absent congressional authorization to expend funds, the president lacks any inherent authority to spend money. Article I, Section 9 unambiguously states, “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” However, in this case Congress has explicitly authorized fencing at the border, and although it did not appropriate the funding, the president can rely on funding through a declaration of a national emergency. Whether this rises to the level of an emergency or not is the subject of a political debate that should be settled between the political branches, not the courts.
Section 2808 of the Emergencies Act of 1976 allows the secretary of defense to “undertake military construction projects” that are “not otherwise authorized by law that are necessary to support such use of the armed forces” in the event that the president declares a national emergency. A parallel statute, <33 U.S. Code § 2293, allows the secretary, during such a declared emergency, to redirect “the resources of the Department of the Army’s civil works program, including funds, personnel, and equipment, to construct or assist in the construction, operation, maintenance, and repair of authorized civil works, military construction, and civil defense projects that are essential to the national defense.”
Nothing about these sections should be justiciable in a court, but according to our courts, everything is justiciable. Nobody should get standing to sue in this case. If Congress doesn’t like what Trump does, it has many tools to check him.
(Excerpt) Read more at conservativereview.com ...
His exercise of emergency powers isn’t justiciable because it will cause no harm beyond hurting Leftist feelings.
We shall get our wall. One way or another!
Build the wall bump!
Yep.
There are numerous laws (over 100) that govern a president’s powers once a national emergency is declared.
There are around 30 of them in effect right now, so it’s not just theory.
If Congress doesn’t like what the President does with those powers, they can certainly man up and vote to remove such powers, and allow voters to see exactly where they stand.
These lovely proposals simply won’t work.
The government shutdown will continue until Trump signs the spending bill.
Once the spending bill is signed, the leftists running the courts and Congress will backstab Trump and us.
The Supremes will throw out any challenge to this being justiciable because it is a political issue. They will tell Congress that they already spoke, in 1976, on this issue, when they passed a law concerning it. The only remedy is to pass another law countermanding the original one’s provisions on this matter...and good luck over-riding Trump’s veto even if they somehow do pass such a law in the first place (which isn’t likely AT ALL).
This is Trump’s, uh, TRUMP Card. Pun intended...and I hope that he uses it if he cannot get the Dems to agree to anything soon. It’d be just like him to say, “January 20 at noon is my drop-dead point. Approve funding the right way by then, or I sign an E.O. at 12:01 P.M., whether you like it or not. By the time it got to any court and was heard, the military will have most of the Wall built anyway (the Corps of Engineers built a 400-mile long highway in the Saudi desert in 30 half-days (they couldn’t build at night) during Gulf War I, a highway capable of handling tanks).
We know, we know.
The President is our commander in chief and can declare Martial law if he wishes. Lincoln did so.
Trump is an incorruptible patriot in the model of Cincinnatus, a man who also was forced to assume the full powers of the state when the Roman Republic was threatened.
Excellent.
he can just order the Army to build the wall anytime he wishes. I am surprised he hasn’t done it already
Butbutbut Gaypolitano says NO!
Democrats enjoin in Court than they own the shutdown until they lose in Court.
No different than a President ordering the Amry to build a fort.
And don’t fooled into the flawed comparison of the Berlin Wall I’ve heard tossed about. The Berlin Wall was to keep people *in* from escaping a totalitarian regime. A border wall is to keep invaders *out*.
“If Congress doesn’t like what the President does with those powers, they can certainly man up and vote to remove such powers, and allow voters to see exactly where they stand.”
Our domestic enemies prefer to use Fraud-pwned judges to do that dirty work.
Yep. Proof that Leftists don't believe their own B.S. about 'democracy'.
Agree, yet lower courts have intentionally delayed PDJT’s lawful exec orders; they will attempt the same over a border wall.
Indeed.
Donald Trump - The Echo of Our Framers' Uncorrupted President.
Emergency defined as per The United States Code Title 42, Chapter 68, Subchapter I, §5122 -
“Emergency means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.”
The President is on firm legal grounds here.
Make it Happen!
Make it a Good Wall!
Close down the Border until the Wall is finished and painted!
Just DO IT!
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