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 ...
This article covers, in exhaustive detail, each legal point raised by this Executive action.
The existing body of settled law insures that, indeed, the President can fund all legitimate requirements created by a National Emergency.
Very comprehensive and convincing article.
Yeah, but Obama was a Light Worker, Orange man isn’t.
Barry left behind a pen and a phone. Trump is doing it the right way.
I wonder what PDJT will do with all the traps in the current bill?
He has not signed and I heard on the radio they wer wanting to do a CR for one week while they look at the Bill.
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Signing this bill is a mistake. Shutdown the government.
From what I understand there are still national emergencies that Bill Clinton imposed that are still in place
Napolitano is a Rat worm. Unfortunately there are a number of Rat Judges who no doubt have the injunctions already written.
Roberts has the knife ready for Trumps back. I think unless Trump is willing to go Andrew Jackson we won’t be getting the wall. It amazes me how little regard the GOP has the base. They hold us in contempt with this “where are we going to go” attitude. I really hate the bastards.
“If the federal courts actually follow the law..”
Oh, you’re KILLING ME!!! STOP IT!!! That’s HILARIOUS!!! (-:
This will move through the courts at a snails pace to liberal courts and maybe the Supreme Court. The odds of a win judicially are very slim and the clock is ticking to 2020. The DNC is running out the clock on the President.
Orange Man bad!
The National Emergency authority goes well beyond the narrow issue of building a wall. This will also allow Trump to overrule the nonsense in the appropriations bill that will pass today. The restrictions and limitations of that action will only apply to the monies appropriated by that bill which is only for the next 7 months. Trump can easy get around those restrictions by reprogramming other funds. The Democrats and the media will squeal like stuck pigs, but Trump but will be able to, you know, trump them.
Remain Calm
And Trust in Trump
Trump has the right to build a wall. Anything he says and does can be held against illegals in a court of law.
bm
According to Fox, the House has not yet passed the bill, and will probably vote on it within an hour or so.
They are still saying the president will sign it and declare a national emergency.
Definitely a mistake to sign it with those poison pill restrictions.
The CR request will most likely get shot down by Nancy and the Dems.
All the focus now is on the big TV bill-signing ceremony where the Presidential pens ink two documents simultaneously--the Congressional funding horror and the Wall-creating National Emergency declaration.
BINGO! I don’t know why Republicans are always worried that they will set a precedent that opens the door for dems to use the same action for evil (e.g., fretting over using the “nuclear option”, and now this). Dems are going to do whatever they can to push their vile agenda, and thinking instead that they are these innocent rule followers who will only bend the rules if big bad Republicans do it first is absurd.
Trump also needs to start hammering home this question: Why are democrat politicians, sworn to protect and defend the Constitution and thereby to protect the nation against invasion, NEGOTIATING over whether and to what extent they will fulfill their duty to protect the country? If I were Trump, I would declare the emergency and then proceed to ignore any court that tried to interfere. The resulting contrast between Trump proceeding to install defenses to stop the illegal invasion, and the dems using every trick in the book to keep the country open to invasion (in direct violation of their oath of office) would be devastating for the dems if relentlessly presented to the public.
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
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