Can President Trump Declare a National Emergency ?

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Re: Can President Trump Declare a National Emergency ?

Postby Neri on March 3rd, 2019, 2:29 pm 

TheVat and Others,

I am interested in knowing who the constitutional law experts are that you say you have have consulted. Since I am a lawyer myself, I would welcome hearing their views. To get truly authoritative opinions, I suggest that you open the link I provided to hear two eminent professors of law discuss the question of presidential declarations of emergency.

In re-reading some of your earlier posts, I note that you have complained that I have not responded to the following question you propounded:

“If saving lives is your criterion for an emergency, why aren’t we demanding the declaration of a national suicide emergency or a national firearms death emergency or a national air quality emergency?”

First of all, “savings lives” would not be my sole criterion for granting an emergency. However, because I am not the president, I do not have the power to decide what those criteria should be. I can only give my professional opinion as to whether or not presidential declarations are lawful.

Certainly, we all have the right to demand that the president declare emergencies in areas we approve of. However, it is impossible for him to satisfy all demands. On the other hand, one would expect that he make every effort to fulfill the promises he made during his campaign.

My understanding is that the president has not stated that saving lives is his only criterion for believing that illegal immigration has reached the stage of a national emergency.

President Trump has the responsibility to insure that federal law is faithfully executed, and this includes the law of immigration. The neo-Marxists, because they are internationalists, insist that we have open borders regardless of the dictates of the law. However, the president believes that he must enforce the law as written.

Trump has often stated that without borders we have no country. Thus, unlike the internationalists, he believes in the unity and indivisibility of the United States.

He also accepts that our country has a national character that is the birthright of every American, and he fears that that heritage will be erased by uncontrolled immigration. He wants immigrants to love this country and what it stands for and to embrace its national character. He insists that persons with criminal records, communicable diseases and other disqualifying conditions should not be allowed to pass through our borders. Indeed, the law requires no less.

The president does not subscribe to the notion that our country has the responsibility to satisfy the needs of every immigrant. Rather he believes that uncontrolled immigration should not be allowed to endanger the jobs and welfare of our own people regardless of the needs of any immigrant.

President Trump argues that illegal immigration endangers the welfare of our citizens and lawful residents by depriving our country of the right to know, through proper vetting, whether or not an immigrant has a history of violent crime, is insane or suffering from a communicable diseases, is a drug addict/dealer or has reasonable prospects for a job and housing.

Although illegal immigration is a problem of long standing, President Trump insists that because of the neglect of prior administrations, that problem has now reached a crisis stage.

He points out that there are still hundreds of miles of open border where there is no wall, no fence and no barrier of any sort. He maintains that he cannot fulfill his duty to insure that the immigration laws are faithfully executed when persons are free unlawfully to enter through hundreds of miles of unimpeded borderland.

Accordingly, he concludes that there must be a wall or at least some type of barrier closing off these open areas in order to prevent easy unlawful entry into our country. Of course, he admits that a barrier must be used in conjunction with increased border patrols and additional technical equipment. However, he is convinced that such things alone cannot be effective without a substantial barrier. ICE officials are of the same opinion.

President Trump argues that an increase in crimes (particularly violent crimes) committed by illegal aliens, together with an enormous increase in the amount of Mexican drugs in this country are evidence of the fact that illegal immigration has got out of hand and has reached the stage of a national emergency.

He maintains further that the recent caravans of thousands of Central Americans who have threatened to enter our country by force of numbers is additional evidence that the problem has reached a crisis stage.

No one, as far as I know, has claimed that the current rate of suicides requires a presidential declaration of emergency.

The views of the president on firearm deaths and clean air are well known.

President Trump believes that the right of law-abiding citizens to possess firearms for self-defense should be subject to reasonable limitations. Indeed, this is the law. He has not entertained the notion that the rate of firearm deaths requires a declaration of emergency. Rather, he emphasizes the need to insure that firearms are not put into the hands of felons and lunatics. He has supported State Red Flag Laws, which allow the immediate confiscation of firearms where a threat of their use on innocent persons has been reported to the police.

The president has stated that he believes that we should have “beautiful clean air and water,” but he does not believe that CO2 is a pollutant. Further, because he doubts that the very small volume of that gas in the atmosphere presents any immediate threat to the health of the American population, he has not considered it necessary to declare an air-quality emergency.

These views of the president should come as no surprise to those with a different agenda. Indeed, he repeated them at numerous times throughout his campaign.

Because of their opposition to these and other positions taken by the president, his detractors vociferously campaigned for his defeat. However, they came up short, and Donald Trump won the presidency by a resounding vote of the electors in the various states. Thus, like it or not, he is the duly elected President of the United States. As such, he has the power to declare emergencies.

If President Trump is not elected for a second term, the new president will have the power to rescind Trump’s declarations of emergency and declare his own [which no doubt will be to the liking of many on this forum.] This is the way democracy works. However, so long as he remains president, Donald Trump deserves the respect due his office.
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Re: Can President Trump Declare a National Emergency ?

Postby charon on March 3rd, 2019, 3:11 pm 

Neri -

First of all, “savings lives” would not be my sole criterion for granting an emergency


Why not? We're presumably talking about a scenario where loss of life was applicable. And generally speaking that is what a national emergency involves.
we all have the right to demand that the president declare emergencies in areas we approve of.


What does that mean? Who 'approves'? An emergency is an emergency. If your house went on fire whose approval would you seek before putting it out?

Perhaps a better scenario would be if your neighbour's house caught fire and they were out. Whose approval would you seek before doing something about it? Good question, isn't it?

the president has not stated that saving lives is his only criterion for believing that illegal immigration has reached the stage of a national emergency


But that is not necessarily a loss-of-life scenario. That's the whole point.

the president believes that he must enforce the law as written.


Absolutely, but the flood of illegal immigration from Mexico has been going on for literally years and years. Now suddenly he wants to build a barrier across the border at vast expense to try to stop it. It's highly doubtful whether it will. Most people see it as a slightly crazy idea, frankly. And it certainly won't stop drugs getting in, which is by far the bigger problem.

Donald Trump deserves the respect due his office


The majority view, Neri, is that it's Donald Trump who needs to respect his office!

You seem to have put Trump on some kind of a pedestal. Anybody who is aware of the news knows that he's generally regarded as a rogue president and an embarrassment. He may have won the election but no one with a brain gives him much credence these days. It's a shame but it's no one's fault but his own.
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Re: Can President Trump Declare a National Emergency ?

Postby TheVat on March 3rd, 2019, 3:45 pm 

However, so long as he remains president, Donald Trump deserves the respect due his office.


Not if he violates our laws and Constitution and the will of the people. Then he deserves censure and removal from office. Asserting a demagogue should have respect is not an argument, but rather a capitulation of the free intellect to partisan cult of personality. Our founders did not want POTUS to have the power to allocate money autocratically precisely because of that danger.

Your post above is full of strawmen, like Boogeyman neo-Marxists who want open borders. No one here, or in Congress, has proposed this. This is Trumpian propaganda to block reasonable discussion of how best to secure borders, based on BP expertise (which you never responded to, either), and what most Americans want in terms of handling humanitarian refugee situations, children, and agricultural laborers. Solutions lie in bipartisan responsiveness to facts, not in "Trump believes..." repeatedly invoked. Charon also noticed this trend in your posts.

No one, as far as I know, has claimed that the current rate of suicides requires a presidential declaration of emergency.


It was using analogy to make a point about ad hoc absurdity decisions. What if future President Harris or Biden decided it was an emergency and decided to take money from the Department of Defense, without the backing of our representatives in Congress? Would you defend her/his decision to do so? Would you write long essays about "Kamala believes that...." and "Kamala deserves respect..." LOL.

Finally -- still no stats from you to evidence that border officials mostly want the wall. You keep saying it, but every source I've seen indicates the opposite. I posted an excerpt from one earlier, all materials part of the public record. If you do produce evidence, then we can discuss if Congress should follow their advice. Congress is the body of government constitutionally charged with appropriation of funds for public works such as a wall. More than 2/3 of Americans don't believe a wall is a priority....

http://fortune.com/2018/12/12/trump-border-wall-poll/

Now I see Charon's reply. I think this remark bears repeating:

The majority view, Neri, is that it's Donald Trump who needs to respect his office.
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Re: Can President Trump Declare a National Emergency ?

Postby davidm on March 3rd, 2019, 3:56 pm 

Image
Neri prepares to post.


Internet Reels From a Big Fat Load of Lying Bullshit

SCIENCE AND PHILOSOPHY CHAT FORUM (Internet News Service) — In a surprise development, someone on the internet posted a big fat load of lying bullshit on Sunday.

The unprecedented post, by Neri, was made at the Science and Philosophy Chat Forum, and time-stamped 2:29 p.m. It raised eyebrows among experts who have carefully followed social media in particular, and the internet in general.

“I must say I was surprised, even shocked,” said E. Mota Khan, who studies digital communications for the RAND Corporation. “Who would have believed that the internet would attract trolls? It’s unheard of!”

In the post — so shockingly at variance with normal internet and social media decorum — Neri told one lie after another.

He claimed that unspecified “neo-Marxists” want “open borders,” which is a lie; he suggested that “illegal aliens” are causing an increase in crime, particularly violent crimes, which is a lie; he suggested that “caravans” of Central Americas who are fleeing violence and oppression in their home countries have “threatened” to enter America, which is a lie, because asylum seekers have every right to request protection from the U.S.; and he lied about CO2. In fact, Neri told nothing but lies, carefully couched in faux-reasonable language.

He lied when he claimed that immigrants are not currently subject to “proper vetting” — they are. He also employed “national character” as a dishonest dog whistle for racism.

He also repeatedly — but alas, not so craftily — employed circumlocutions like “Trump believes” and “he argues” to try to maintain a cheep veneer of plausible deniability that, in fact, this is what he believes — even though all his alleged beliefs are outright lies.

“If shitty posts like this are allowed to stand at this particular forum, the whole internet is in danger of being overrun by trolls!” a visibly shaken Khan said.
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Re: Can President Trump Declare a National Emergency ?

Postby Serpent on March 3rd, 2019, 5:05 pm 

"The president believes" is not an auspicious beginning for a sentence these days.
Especially not what the president believes to have - because of neglect by previous administrations
https://en.wikipedia.org/wiki/Immigration_Reform_and_Control_Act_of_1986
https://en.wikipedia.org/wiki/Illegal_Immigration_Reform_and_Immigrant_Responsibility_Act_of_1996
https://en.wikipedia.org/wiki/Enhanced_Border_Security_and_Visa_Entry_Reform_Act_of_2002
https://en.wikipedia.org/wiki/Homeland_Security_Act_of_2002
https://en.wikipedia.org/wiki/Real_ID_Act
https://www.americanimmigrationcouncil.org/research/the-cost-of-immigration-enforcement-and-border-security
reached a crisis point.
The president declared what he supposedly believes is an emergency by saying "I don't have to do this"... I'm just impatient to get my way. I don't find the president's beliefs compelling.
I also find that respect for the office is not a constant, but fluctuates over time.
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Re: Can President Trump Declare a National Emergency ?

Postby davidm on March 3rd, 2019, 5:24 pm 

I have lived most of my life in San Francisco and New York City, and before that, I grew up in suburban Detroit. I got the hell out of there as soon as I assimilated what racist PsOS everyone around me was, including my own idiot family.

Living in SF and NYC, I have known untold numbers of immigrants from Mexico and Central America, both legal and “illegal.” Again and again, I have been simply astounded by their work ethic. They work endlessly, at illegally low wages. They take jobs that no one else would take, indeed, at jobs that no one would be legally allowed to take, because of violations like not paying basic minimum wage or reporting them for tax purposes. Indeed, a substantial segment of our economy depends upon these people.

I know, right now, an “illegal” Mexican immigrant who works virtually round the clock while taking care of family members. He works as a bar back at several bars and does handy work besides — all kinds of manual labor. He works so many hours he does not even have time to do laundry. He washes his clothes in the sink of one of the bars he works at and dries them in front of a fan. He certainly does not commit crimes of any kind. He works like a dog.

What the bloody hell is wrong with you MAGA morons? Have you no compassion, no empathy, at long last, no shred of human decency? These immigrants aren’t exploiting us — they’re being exploited by us!

As Gore Vidal said back in the 1980s, if Mexicans are crossing the border, good for them! As he put it, they are very sensibly trying to reclaim the land that the U.S. stole from them in the war of the 1840s, an unprovoked war of aggression vociferously opposed by Abe Lincoln, who (temporarily) forfeited his political career because of his principled stand against Polk’s monstrous war. How dumb most white Americans are! How short are their memories, and how brazen and unjustified and utterly appalling are their ghoulish delusions of superiority!
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Re: Can President Trump Declare a National Emergency ?

Postby Neri on March 3rd, 2019, 6:18 pm 

TheVat,

As to ICE’S position on a border wall please see:

https://insider.foxnews.com/2018/02/... ... order-wall

Border Patrol agents back Trump wall, survey finds - Washington Times
https://www.washingtontimes.com/.../bor ... urvey-fi...
Apr 2, 2018 - In a new survey conducted by the National Border PatrolCouncil, the agents' union, they overwhelmingly backed adding a "wallsystem" in new ...

If these links do not download, please manually search for the articles.

Now that I have provided the information you requested, please supply me with the names and written opinions of the constitutional law experts you consulted.

To answer your question, if Biden or Harris were elected president and wanted to declare an emergency requiring the expenditure of funds, and that declaration did not involve the confiscation of a whole industry, the declaration of emergency would be lawful under the current state of the law so long as he or she notified the congress of the same and could point to a statute allowing the transfer of funds in such case.

However, because the federal courts have become highly politicized, no one knows what the future holds. My guess is this: If the Supreme Court is dominated by liberals, a Biden or Harris declaration would likely be upheld and a Trump declaration likely reversed. If the Supreme Court is dominated by conservatives, the converse would likely be the case.
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Re: Can President Trump Declare a National Emergency ?

Postby Serpent on March 3rd, 2019, 6:32 pm 

However, because the federal courts have become highly politicized, no one knows what the future holds. My guess is this: If the Supreme Court is dominated by liberals, a Biden or Harris declaration would likely be upheld and a Trump declaration likely reversed. If the Supreme Court is dominated by conservatives, the converse would likely be the case.


Well, we know which is the case.
So what's the point of consulting constitutional lawyers?
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Re: Can President Trump Declare a National Emergency ?

Postby PaulN on March 4th, 2019, 12:59 am 

Dead links posted by Neri. I call bullshit. It's not up to us to manually hunt through rightwing rags - put up a working link to an independent news outlet or STFU.

Nor does this guy post any constitutional citation that supports Presidents allocating money. That's Congress job, and they're needing to acquire some backbone and stand up to this self-aggrandizing grifter in the oval office.

https://www.upi.com/Top_News/US/2019/02 ... 550259810/

I wonder if these scholars were the ones Vat was speaking of.

"Courts have historically been reluctant to second-guess judgment that the president makes on national security grounds," said Aziz Huq, a professor of constitutional law at the University of Chicago. However, Huq said, Trump's decision was made under unique circumstances.

"The fallaciousness of the national security justification would be evident from the political context of the declaration," Huq said. "The declaration is a response to the failure on the part of the president's coalition to obtain an outcome that it wants in legislation."


Also....

"No statute gives the president the ability to take money that hasn't been appropriated by Congress and spend it on something completely different," Chemerinsky said. "The 1976 law gives the president the ability to take money from the Defense Department budget that hasn't been allocated and use it for military construction projects that supports United States troops."

A border wall would presumably not be such a project.


Also...


Multiple scholars cited the Supreme Court's ruling in Youngstown Sheet & Tube Co. v. Sawyer, a 1952 case that limited the executive authority of the president. In that case, President Harry Truman attempted to seize control and operations of a steel mill during the Korean War.

"Congress had considered giving the president that authority but chose not to do so," said Erwin Chemerinsky, a professor of constitutional law at the University of California, Berkeley, drawing parallels to the situation Trump faces today.

Chemerinksy believes the courts will take this into consideration as they did in Youngstown....
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Re: Can President Trump Declare a National Emergency ?

Postby Neri on March 4th, 2019, 1:08 am 

davidm,

When you called me a troll and a liar, you have named yourself.

I fear that you have been the victim of an educational system that has washed your brain of what little critical thinking it may have possessed and put in its place a mindless ideology that says that all who disagree are to be punished.

Fortunately, however, this country is not a dictatorship. We have a constitution that allows free speech and expression. This means that neither you nor your handlers has the right to silence people simply because you disagree with them. God grant that it will always be so.
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Re: Can President Trump Declare a National Emergency ?

Postby Serpent on March 4th, 2019, 1:11 am 

God grants constitutions now? Didn't he used to anoint kings by divine right?
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Re: Can President Trump Declare a National Emergency ?

Postby TheVat on March 4th, 2019, 1:58 am 

Hehe!

Paul's post indicates a couple of the constitutional experts I was looking at. Chemerinsky, in particular. He clarifies how the 1976 law really wouldn't apply to the current situation.

Waving one's hands at "politicized courts" is not an argument. That's cheap rhetoric to invoke the Boogeyman again. Competent jurists will toss Trump's shit in the commode where it belongs. The US is not a monarchy.
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Re: Can President Trump Declare a National Emergency ?

Postby Neri on March 4th, 2019, 10:16 am 

TheVat,



Please be good enough to explain why you believe that the 1976 law does not apply to this particular president when it speaks only of “the president.”

Apparently, your idea of a competent jurist is one who will “toss Trump’s shit in the commode,” in other words, one who agrees with you. If a court rules otherwise, I am sure, in your estimation, he or she would be a stupid political hack, or worse. Indeed, it seems that anyone who disagrees with you can expect vilification or worse.

On the other hand, in my mind, when a judge substitutes his own personal beliefs for an honest analysis of the law as written, he is intellectually dishonest, regardless of the outcome.

Sadly, the politicization of the Supreme Court is a fact. If it were otherwise, senators would only consider the competence of a Supreme Court nominee and not fight so hard to disqualify him because of party affiliation.
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Re: Can President Trump Declare a National Emergency ?

Postby BadgerJelly on March 4th, 2019, 12:45 pm 

TheVat » January 6th, 2019, 9:00 am wrote:This is a legitimate issue in political theory. Mods are asked to leave this thread as is.


I am kind of kidding a little here Biv, and a little serious too. You’re a big boy though :) I’ve been vocal about this because I do care - if I’m wrong so be it but it seems dumb to stay dumb after reading what I’ve just read above.

Care to reassess or at least switch tack? I don’t see much about “political theory” here. What exactly is the issue I’m missing? I’m hoping something regarding “politcal theory” will rise to the surface and understand perfectly well that arguing about what constitutes “politcal theory” is maybe as slippery as defining “emergency” ;) at least the “guide lines” for this forum are there for all to see (and it seems to me this has quickly turned into a Trump hating thread in which persons are attacked for holding a different political opinion distracting form the actual “poltical theory”).

Also, from my perspective this looks like “I think this is reasonable” followed by needlessly vicious reactions (some containing accusations of rascism quite openly) and little substance given on both sides regarding an issue which I assume to be written in law and therefoe not open to much in way of personal opinion and/or interpretation?

He declared an emergency. If his declaration is upheld it is upheld, if not then it’s not. Isn’t that the base line of what has happened?

If the question is about what a National Emergency should entail and what powers a President should have to declare one then there’s room for discussion. Of course if I’m missing something here let me know. Perhaps looking at past instances of declaring an emergency would be useful. Did they always get through or not? If not how were they stopped and why?

I’m from the UK. We have hosepipe bans in dry spells and get all flustered when 2 inches of snow falls on the ground. National emergencies are pretty much unheard of for me.

Regardless how are these statements, and those made prior to them (true or false), in line with the OP:

As for "unspeakable crimes," this is a far Right talking point shot down in other threads. The rate of heinous crimes of violence is far higher among native born Americans than among immigrants. Most people on our southern border are fleeing gangs, not promoting them. Gang members who recruit vulnerable and poor immigrants are overwhelmingly native born.

Most border crossers are now families legally seeking asylum in the US. The real criminal in this picture is the president who spreads hatred and lies about these refugees, supports cruel treatment of them, supports policies harmful to children, and uses fear and xenophobia as a political tool to advance himself.


Above I see nothing regarding “politcal theory” and more or less something like what this particular forum is not meant to be about (see rules of “poltics” section of forums).

Neri -

I should add that I had a quick look at the stats for the number of people working on borer control and it looks clear enough to me that the DOUBLING of staff from around 2000 to the present day must have had a contribution to the numbers apprehended. We’re talking a drop of around 1.5 million to 250,000 ... it seems unlikely to me that this down to lack of patrolling, yet I’m quite willing to accept they’ll be many other factors involved (I don’t have the imagination to assume that this drop is due to simply having less people patrolling when there are now twice as many - that is an increase since 2000 from about 10,000 personnel to about 20,000).

Note to all.

I’m not from the US so present the relevant numbers and laws. Up to now I’ve seen little more than a squabble about what “emergency” means - kind of pointless considering any lawyer can pretty much choose to round out anything they wish as being an “emergency” if given a good enough reason to do so.

I believe in my home country a “national emergency” requires protection from hostile invaders, and using the army to grow crops in dire times, and supplying the basic necessities to citizens (in which case Trump’s attempts in the UK would go nowhere fast). Basically it is not comparable to what you’ve got in the US.
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Re: Can President Trump Declare a National Emergency ?

Postby charon on March 4th, 2019, 1:12 pm 

I think the Luftwaffe tried it on with the Brits at one point. That was probably an emergency :-)
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Re: Can President Trump Declare a National Emergency ?

Postby TheVat on March 4th, 2019, 1:39 pm 

My chuckle, btw, was at Serpent's quip about God granting constitutions. It didn't relate to other posts yesterday or "priggishness." As Inigo Montoya says in The Princess Bride, "You keep using that word. I do not think it means what you think it means."
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Re: Can President Trump Declare a National Emergency ?

Postby TheVat on March 4th, 2019, 1:52 pm 

Neri » March 4th, 2019, 7:16 am wrote:
Please be good enough to explain why you believe that the 1976 law does not apply to this particular president when it speaks only of “the president.”



No statute gives the president the ability to take money that hasn't been appropriated by Congress and spend it on something completely different," Chemerinsky said. "The 1976 law gives the president the ability to take money from the Defense Department budget that hasn't been allocated and use it for military construction projects that supports United States troops."

A border wall would presumably not be such a project.


As you are aware, troops being sent to the U.S.-Mexico border will be limited in what they can do under a federal law that restricts the military from engaging in law enforcement on American soil. A border wall does not meet the criteria of structure designed for the primary purpose of supporting troops.
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Re: Can President Trump Declare a National Emergency ?

Postby PaulN on March 4th, 2019, 2:52 pm 

Ohio State University law professor Peter M. Shane also thinks the votes in Congress could matter:

The joint resolution underscores the big-picture constitutional dimension of the fight. Congress’ power of the purse is its heavy artillery in the scheme of checks and balances. The Constitution underscores its significance through redundancy. Not only does Article I vest the spending power in the legislative branch, but a separate provision bars the executive branch from spending money unless appropriated. If presidents can find ways to work around Congress’ rejection of their requested spending priorities, Congress’ big gun has been silenced....

A joint resolution underscoring that Congress has deliberately rejected the inclusion of border wall fencing in response to a presidential request could well move a court to say that this statute will not help finance it.


And if Rand Paul is aligning with Democrats and centrists, that's not a good sign for 45....

Paul, for one, thinks that [Trump's request for emergency funds goes too far]. He is actually predicting that the Supreme Court will strike down the national emergency declaration if and when it comes to that point, and he says Congress’s votes will matter.

“We spent the last two months debating how much money should be spent on a wall, and Congress came to a clear conclusion: $1.3 billion,” Paul said. “Without question, the president’s order for more wall money contradicts the will of Congress and will, in all likelihood, be struck down by the Supreme Court.”
(from Aaron Blake, the Post, March 4)
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Re: Can President Trump Declare a National Emergency ?

Postby charon on March 4th, 2019, 2:56 pm 

I think it's time someone made a decision. Build it or don't build it. Stop messing around!
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Re: Can President Trump Declare a National Emergency ?

Postby Serpent on March 4th, 2019, 4:37 pm 

charon » March 4th, 2019, 1:56 pm wrote:I think it's time someone made a decision. Build it or don't build it. Stop messing around!

They've been building it for years. https://www.cnn.com/interactive/2018/12/politics/border-wall-cnnphotos/

I'm not quite sure how Trump envisions the finished product - I'm only guessing it's an unbroken length of high, solid wall from the Pacific to the Atlantic.
In fact the 600 or so miles of wall/fence/metal slats/whatever you want to call it have not been consistently effective. There is a wide array of opinion ranging from "It doesn't work" to "extremely effective" and the mid-range seems to be a consensus of: "It depends". http://hir.harvard.edu/article/?a=14542

Then there is the cost. The current ask is on top what's already been spent and there would have to come future funding on top of it. https://www.brookings.edu/essay/the-wall-the-real-costs-of-a-barrier-between-the-united-states-and-mexico/

If the "National Emergency" were based on a life-threatening level of immigration crime-waves (It isn't) the diversion of funds toward building that fence would solve (?) the crisis (?) at whatever number of border-miles they could cover with that money. It would solve nothing beyond the unfinished end, at airports and harbours, at legal check-points, along the coasts or on the northern frontier. Nor would it solve any part of the on-going crisis within the US. Diverted military funds could not be put toward policing, refugee detention camps, court hearings or deportations, never mind the treatment of conditions arising from same.

Funds to continue construction would have to be voted by Congress. Supposing a majority of Republicans were elected next time, that might be no problem - unless the party got fed up with that money-pit. If it's another Democratic Congress, more would have to be diverted from somewhere else, possibly under another declaration of emergency: the time limit will have run out and there would have to be an assessment of whether the crisis 1. continues in effect 2. is addressed/ameliorated by the measures taken 3. would be solved by more of those measures. Always contingent on the state of the coffers - whether more money is even available.

Then there will be more constitutional questions arising from the violation of the rights (and lawsuits by) landowners, cross-border businesses and states. (The cost of these lawsuits, btw, I haven't seen accounted.)
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Re: Can President Trump Declare a National Emergency ?

Postby TheVat on March 5th, 2019, 2:02 pm 

This column addressed some issues here, on what democratic principles apply when the wishes of a supermajority of the electorate are considered. (a supermajority means more than 66.6 percent) If you hit a paywall, your browser's Incognito Mode (or equivalent in Android or Apple's OS) should allow you to read it without difficulty.

https://www.nytimes.com/2019/03/05/opin ... ority.html

Still no reply to my previous post, which I will take to mean that my point, and that of the constitutional law professor, is acknowledged.
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Re: Can President Trump Declare a National Emergency ?

Postby charon on March 16th, 2019, 1:15 pm 

Can President Trump Declare a National Emergency?

Well, he can always try...
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