Posted on 01/16/2019 7:02:37 AM PST by Moseley
As an attorney experienced working with public policy litigation, here is a practical plan for how Trump can keep the legal dispute entirely within the Fifth Circuit and out of the Ninth Circuit.
First, President Trump should get on Air Force One and fly to Texas to meet with Republicans opposed to illegal immigration Governor Greg Abbott, Senator Ted Cruz, and leaders of the Texas legislature.
Second, Governor Abbott should formally request the Texas legislature to issue an application for the federal government to defend the Texas border with Mexico. Section 4, Article 4 of the United States Constitution commands the United States Government – unconditionally – as follows:
“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”
(Emphasis added.)
Texas, through its legislature, should make an explicit demand — as it is entitled to do — for the U.S. Government to defend the international borders affecting Texas. Basically, the U.S. Constitution was a bargain. The States submitted authority to the national government. But in return the U.S. Government promised to secure the borders for the States. The U.S. Government is seriously in breach of its obligations and has violated that quasi-‘contract.’
CLICK ON THE ARTICLE TO READ THE REST OF THE PLAN IF YOU CAN AFFORD IT: IT'S 100% FREE
(Excerpt) Read more at bigleaguepolitics.com ...
Third, Trump should then declare a national emergency under 50 U.S.C. 1621. Trump’s legal team needs to burn the midnight oil to carefully explain the grounds, lay a foundation, and present the situation properly. Texas invoking Article 4, Section 4, would make that declaration nearly bullet proof.
Fourth, Trump should consider that this is not a mutually exclusive “either/or” situation. Trump can declare a national emergency today while still negotiating with Congress and while pursuing funds confiscated from drug smugglers at the border.
Fifth, the declaration is separate from actually reprogramming federal funds. Therefore, Trump should start building the border wall only in Texas. (Where other money is available, construction can proceed under different authority.)
Remember that Congress has already authorized — even mandated — the construction of a border wall. In 2006, Congress enacted and President George W. Bush signed into law, the Secure Fence Act of 2006. The problem is that Congress never fully funded the Secure Fence Act of 2006. Building a barrier is the law. Building the wall is mandatory. Funding it is the only challenge.
Trump can use the declaration of an emergency to activate 33 U.S. Code § 2293 “Reprogramming during national emergencies” and redirect funds from other areas of the government to construction of the border wall. Other possible statutes include 10 U.S. Code §2803 and 10 U.S. Code §2808.
NOTE Most publications do not allow posting the entire article, but require only an except. Yet a lot of freepers still seem to be annoyed that they have to CLICK on the article (at the top) to read the entire article.
I don’t understand that. The cost is $0.00. There is no pay wall. If clicking on the article is too difficult, then you’re out of shape. I just don’t get that.
RIF’ing the identified useless federal employees will pay for the entire southern wall.
The Constitution itself is what is at risk here. The Marxist left wants to destroy it.
While the Wall has always been my top priority, that RIF is mighty juicy. I want both. Fire about 500,000 bureaucrats, use the saved money, and build the Wall. Massive win!
As a bonus the democrats are to blame for a RIF if it actually happens since it’s only possible due to the extended shutdown. The dimms play the short game while PDJT plays the long game.
After the end of his second term, I hope President Trump has enough energy to write "The Art of Politics". He clearly understands politics better than any of the career politicians.
Sadly, the OPM has said that the RIF language doesn’t apply in the case of shutdown. It’s intended to force agencies to act, not leave employees on furlough indefinitely.
In this case the agency has no control of the situation.
Brilliant idea - looks bulletproof !!!
OPM said agencies did not HAVE TO RIF, but didn't say they COULDN'T RIF. I don't think Trump signed the bill that all employees on furlough will be paid when they return. Maybe RIF at DOE and State to test the waters.
Egads!
I proposed this about 10 days ago right here on FR.
#behindthecurve
BLP asked me to write it about 3 days ago. That was the first time I started to think about the topic this way.
But the goal is to get the word out.
There have been a lot of articles published after my articles on this topic. I wish they would link to mine, but at least the word is being spread.
What is the link to your article out of curiosity?
The younger, new Democrat members of the House are starting to rebel and speak out in favor a compromise and in favor of a wall. What if they could be formed as a caucus, perhaps even as independents, then ally with Republicans and take control of the House as a coalition.
I think they said they couldn’t RIF because of the emergency furlough. If an employee was on an administrative furlough he could probably be RIFed, but that would be true even without the shutdown.
”Reductions in force (RIF) furlough regulations and SES competitive furlough requirements are not applicable to emergency shutdown furloughs because the ultimate duration of an emergency shutdown furlough is unknown at the outset and is dependent entirely on Congressional action, rather than agency action.”
wrong, you didn’t read the article.
“.... he could well designate a team to prepare quick plans for downsizing, now that the various agencies have seen how little they need so many of the furloughed bureaucrats. That would make the furloughs qualify for RIFs...”
(Excerpt) Read more at americanthinker.com ...
No article, just a brainstorm regarding keeping an EmDec away from the 9th. Longest section of border with MEX is in Texas - most impacted state - TX in 5th.
I read the article then researched and quoted the OPM guidance document.
You just said “wrong”.
“The Constitution itself is what is at risk here. The Marxist left wants to destroy it.”
Bingo.
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