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 ...
...and if he has the military build it we might see it being done at a much discounted price vs. commercial contractors. I wonder how far a few billion would go if done efficiently.
The national emergencies act of 1972 gives the house and senate the power to terminate emergency declarations if voted on by veto proof majorities. They enacted this law and so I’m not sure the courts can play a role. FWIW, I’m not a constitutional lawyer.
We are going to kick their arses out in the primaries, that's where we're going to go.
Correction: 1976 not 1972
Trump has no other option than to go it alone. You are right the Rats/Rinos will drag it out as long as possible in the courts. Come 2020 Trump will be in much better off as he fights for the wall in the courts and campaigns for help in the elections. Playing it this way is a winning strategy for the president. Rolling over and devouring this sh!t sandwich deal and not declaring a national emergency will sink him in 2020.
Well, I did hear that nasty said some future demolibs (p)resident could declare an national emergency about..........gun violence. Not quite the same nasty.
This Act of 1972 insures us against a possible dictatorship.
If the U S Congress can gather enough votes to create a veto-proof majority, the President's Emergency Declaration will be rendered null & void.
Highly unlikely in the turbulence and polarization of the current Congress.
That was so incongruous with today's judicial reality that I choked on my dinner laughing.
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.
Don't leave out the Sea Bees . . . and anyone else in uniform who is patriotic (which would be just about all combat troops and some of those with desk jobs). We have 1.3 million Americans on active duty, and we need 1,900 miles of border wall. That's about 700 troops per mile of wall - unrealistic because some have real work or are unsuitable, but we have much more than enough manpower if we have the will to use it.
Noted.
The power to limit National Emergency Declarations lies in the legislative branch not the judiciary. (I think)
I don't think that's it, although it sometimes seems that way. My take is that Napolitano is a judicial supremacist, and that he's a rather high priest in the Court of Law.
As such, he has no trouble with extrapolating, and when he goes off the rails (quite often lately) its in the direction of the Courts being the Law as he would like it to be.
That’s a VERY good point and very true. Thank you!
Using the Corps of Engineers does not mean that military engineers will do the work. MCA and MCAF money (military construction money for the Army and AF) is managed by the Corps of Engineers but is done by civilian contractors. Soldiers could be done the work, but that’s not the way it will happen.
“If the federal courts actually follow the law.”
Here’s how it should work if some judge oversteps his or her bounds:
The military MUST follow the Commander In Chief. Even if a federal judge tried to order the military, the military leaders must follow the president’s orders.
So, the President should direct them to continue protecting the border, as is his sworn duty and Constitutional responsibility and authority.
In other words, he should DEFY any judge who makes such an unconstitutional decree. And he should DARE Congress to impeach him for it.
And then ten million armed patriots should show up in D.C. with signs that state plainly that ANYONE who votes to impeach or otherwise impede the president will be executed for treason.
Further, any judges who tried to stop this should be given the option to immediately resign or receive justice at the hands of the patriots.
If this happens, I guarantee you they will quickly back down and let the wall be built. And that may be what has to happen to correct the course of this nation. And I truly believe there are 10 million patriots ready to make this happen if the situation arises.
The time has come to build the wall !
No more delays !
The National Emergency will be declared tomorrow by the President. His Administration has identified $8 billion that can be applied to the requirements of the National Emergency and those funds will not be restricted by this bill that the Congress will pass tonight. I wonder what the Never Trumpers will think of that?
Article is worth archiving as a PDF.
Thanks
What irritates me is the calm acceptance of everyone that “this emergency decree can be adjudicated in court.”
Well, maybe so, but what is NOT in the Constitution is that a lower level Federal judge can veto a Congressionally authorized Presidential executive order.
Pubbies are squishes. Just build it.
You are right and I don't think that the Courts aren't going to touch this. This is way outside their lane. Certainly, some numbnuts district court judge may try to do it, but the Circuit Courts and the SCOTUS will quickly put a stop to it. Quickly being the operative word.
Paging Ben Shapiro.
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