Why Trump will win the wall fight

The Hill ^ | Feb 16, 2019 | JONATHAN TURLEY, OPINION CONTRIBUTOR

[11th_VA]

... Democrats have indicated they will rely on the ruling in House of Representatives versus Sylvia Burwell, in which the court declared the House of Representatives had standing to sue over executive overreach and that Obama violated the Constitution in ordering the payment of billions to insurance companies without authorization from Congress.

I was lead counsel for the House of Representatives in that case. Ironically, Pelosi vehemently opposed the litigation as a frivolous and unfounded challenge to presidential authority. We won the case. Superficially, it may look like the wall controversy. Obama sought funds from Congress and, when unsuccessful, acted unilaterally. But Obama ordered the money directly from the Treasury as a permanent appropriation, like the money used to pay tax refunds. Congress had never approved such payments.

Conversely, Trump is using appropriated funds. Like the authority under the National Emergencies Act, Congress gave this money to the executive branch without meaningful limitations. Trump now has almost $1.4 billion in newly approved funds to use for border protection. He has identified about $8 billion in loosely dedicated funds for military construction, drug interdiction, and forfeitures. Even if a court disagreed with the use of this money, Trump has the power and funds to start construction of the wall.

[11th_VA]

Nice ...

[gattaca]

bookmark

[airborne]

Your link doesn’t work for me.

[Gay State Conservative]

Very interesting if true.And it comes from one who’s surely no friend of the President.

[11th_VA]

Sorry, new Link

[rodguy911]

https://www.pscp.tv/w/1mnGeOOzZmvxX

All the crybabies about the bill Trump just signed are way off base,its a seven month stop gap bill with little effect beyond seven months.Thanks pugmama.

[SkyPilot]

Yes, legally, President Trump clearly has the authority to use appropriate funds, and to reallocate them by declaring a National Emergency.

But this fight won't be about what is True, Legal, and Moral.

The President himself stated this will go to the 9th Circuit, "Even thought it shouldn't be there." Why the 9th? We know the answer. It is the most liberal and out of control circuit in the U.S. The Democrats go judge shopping every time.

Which brings us back to the Supreme Court, and ultimately to Judas Roberts.

You know, the Judas who changed his vote at the last minute and upheld ObamaCare. The man who chose to engage in a public "rebuke" of the President when Trump dared to state the obvious - - many judges are political hacks.

Chief Justice Roberts Issues Rare Rebuke To Trump; Trump Fires Back

I don't trust Judas Roberts for one second. He just voted to stop a state abortion law, voting with the Satanic liberals on the court. He did nothing when Justice Scalia was, I believe, murdered.

Either he has been blackmailed, or bought. Perhaps both.

If Judas Roberts can author a ruling that laughably declares the ObamaCare tax as not a tax - then he is capable or ruling against the President on the wall.

[HarleyD]

There’s a difference between giving billions to insurance companies verse building a wall to keep out illegals.

[Elsie]

...Trump has the power and funds to start continue construction of the wall.

[Berlin_Freeper]

Kiss The Ring

https://i.etsystatic.com/8319077/r/il/e09939/1067965204/il_fullxfull.1067965204_p0zj.jpg
Men’s ring, wall, solid 925 silver

[Berlin_Freeper]

You may step forward and, kiss The Ring...

https://i.etsystatic.com/12264058/r/il/bd2cdf/1322517431/il_fullxfull.1322517431_kkto.jpg
Carbon ring on Etsy.com

[Moonman62]

Yep. He’s against the wall and Trump. Here’s the finish to the article:

Congress has the authority to rescind the national emergency declaration of Trump with a vote of both chambers. The legislative branch should do so. If Congress cannot muster the votes, however, a federal judge is unlikely to do so. Simply put, the courts were not created to protect Congress from itself. Congress has been heading to hell for decades, and it is a bit late to complain about the destination.

[Susquehanna Patriot]

“Very interesting if true.And it comes from one who’s surely no friend of the President.”

Not only has Congress delegated its power to the Executive branch and its agencies, yes, Turley makes a good case based on examples related to the emergency powers law itself. WWhat it also interesting is what Turley doesn’t discuss - how Congress yielded its power to the Courts as well. The Burwell case mentioned by Turley gave one House (run by GOP no less) standing to sue the Executive. Think about the ramifications of that alone. Both Houses combined have the power of the purse and impeachment where the President commits high crimes and misdemeanors. Instead only one House is needed to go to Court to try to force the Executive to do its job, and the Court gladly took power it does not have.

Looking at this in the light most favorable to the demokraps, there is a “political disagreement” on whether there is an emergency at the Mexican-US border. So now that one House of the Congress can have standing to sue, the Court cannot take it under the doctrine that a Court may not issue political opinions.

[Deplorable American1776]

Sorry Socialists (fka Democrats), we are building the wall...You have to find a new way to steal elections...maybe the drug cartels will help you find a trunk full of ballots in Mexico...

[TheBullWat]

https://www.pscp.tv/w/1mnGeOOzZmvxX

All the crybabies about the bill Trump just signed are way off base,its a seven month stop gap bill with little effect beyond seven months.Thanks pugmama.
_______________________________________________
Exactly right, and when you drill down into any of the supposed “poison pill” provisions they are very minor and limited and they hype from bitchers is way overblown

[Baldwin77]

I believe Roberts declared that Obamacare WAS a tax.

[richardtavor]

Try this:

https://thehill.com/opinion/judiciary/430335-why-trump-will-win-the-wall-fight

[arthurus]

It brings me a nice car add but it still says “404.”

[bert]

the tense is wrong

Rather than will win, thee tense should be has won

[JBW1949]

Lil’ Chucky Todd said this morning that the President faces a long uphill battle...He said winning this would be unprecedented and would tear apart the checks and balances between the legislative branch and the executive branch...

Chucky is, of course, an idiot of the first order...