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Title: and this...... Post by: Sadie402 on 01 10, 19, 01:29:48:PM https://truthout.org/articles/if-trump-declares-a-national-emergency-hell-be-breaking-the-law/
ongress refuses to enact legislation containing the nearly $6 billion that Donald Trump is demanding for an unnecessary wall on the southern US border. In response, Trump is considering whether to declare a national emergency, take money Congress has appropriated for other purposes, and divert it to build his wall. But under US law, the president cannot usurp the spending power the Constitution grants only to Congress. Desperate to appease his right-wing base and Fox News pundits, Trump backed off his commitment to sign a bill that would have reopened the government that has been shuttered for 20 days. Although Congress unanimously supported that bill, Trump is stubbornly holding out for money to build his wall, continuing to hold the American people hostage. One quarter of the federal workforce has not been paid, airline safety is imperiled, the Food and Drug Administration is postponing food safety inspections and national parks are being desecrated while Trump plays wall politics. The Youngstown Test for Presidential PowerTrump would be on shaky ground if he were to declare a national emergency and divert funds to build his wall. During the Korean War, President Harry Truman invoked national security to seize the steel mills in order to avoid a union strike that would have shut them down. Truman claimed authority to maintain steel production in support of the war effort. But the Supreme Court ruled that Truman had overstepped his authority. In [HIGHLIGHT=#NaNNaNNaN]Youngstown Sheet & Tube Co. v. Sawyer (https://caselaw.findlaw.com/us-supreme-court/343/579.html)[/URL][/I], the high court held that the seizure was not supported by the Constitution or any US law.[/HIGHLIGHT][/COLOR][/SIZE] Justice William O. Douglas wrote in his concurring opinion that the president cannot usurp Congress’s spending power to approve money to pay for the taking of the steel mill’s private property. The three-pronged test set forth in Justice Robert Jackson’s concurring opinion (paraphrased in italics below with quotes from Jackson) is the premier framework for analyzing the limits of presidential power: Title: Re: and this...... Post by: Sadie402 on 01 10, 19, 01:30:40:PM First, when the president acts with express or implied authority of Congress, his power is at its greatest.
Congress has not appropriated $5.7 billion to build Trump’s wall. If he were to declare a national emergency to fund the wall, Trump would not be acting with the authority of Congress. Second, in the absence of a grant or prohibition by Congress, the president can rely only on his own powers. He acts in a “zone of twilight” where he and Congress may have concurrent authority or their distribution of power remains uncertain. “In this area, any actual test of power is likely to depend on the imperatives of events and contemporary imponderables rather than on abstract theories of law.” Trump cannot lawfully invoke the [HIGHLIGHT=#NaNNaNNaN]National Emergencies Act of 1976 (https://www.law.cornell.edu/uscode/text/50/1601)[/URL]. In the event of a national emergency, that act allows the executive branch to [HIGHLIGHT=#NaNNaNNaN]divert funds[/HIGHLIGHT] (https://www.law.cornell.edu/uscode/text/10/2808) that have not been “obligated” and use them for construction projects that are “necessary to support” the military.[/HIGHLIGHT][/FONT][/COLOR][/SIZE] Although Trump has sent thousands of troops to the southern border, ostensibly to help Customs and Border Protection deal with asylum applicants, the use of the military to enforce domestic law is [HIGHLIGHT=#NaNNaNNaN]prohibited by the Posse Comitatus Act (https://truthout.org/articles/trumps-military-deployment-to-the-us-mexico-border-is-illegal/)[/URL]. Any attempt by Trump to declare an emergency in order to justify diverting funds for his wall to help the military enforce immigration law would violate the Posse Comitatus Act.[/HIGHLIGHT] Third, when the president seeks to circumvent the expressed or implied will of Congress, “his power is at its lowest ebb, for then he can rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter.” Presidential claim to such power “must be scrutinized with caution, for what is at stake is the equilibrium established by our constitutional system.” In the [HIGHLIGHT=#NaNNaNNaN]Appropriations Clause (http://press-pubs.uchicago.edu/founders/tocs/a1_9_7.html)[/URL], the Constitution gives Congress, not the president, the power to authorize expenditures of federal funds. Congress has specifically considered and refused to appropriate the $5.7 billion Trump is demanding for his border wall.[/HIGHLIGHT] Congress will not appropriate money for the wall, so Trump would be circumventing the will of Congress were he to declare a national emergency to fund it. Trump would be invoking a crisis of his own making to justify the declaration of an emergency. Under US law, Trump cannot successfully declare a national emergency to evade the Constitution’s separation of powers mandate. The founders put three separate co-equal branches of government into the Constitution to check and balance each other. Title: Re: and this...... Post by: Sadie402 on 01 10, 19, 01:31:35:PM Trump’s policies of separating families and caging children, and attempts to limit the right of refugees to apply for asylum have [HIGHLIGHT=#NaNNaNNaN]created a humanitarian crisis (https://truthout.org/articles/trump-disregards-caravan-migrants-legal-right-to-apply-for-asylum/)[/URL].[/HIGHLIGHT]
Yet, in his nine-minute Oval Office speech Trump tried to stoke fear by [HIGHLIGHT=#NaNNaNNaN]painting a picture of murderous, drug-running, “illegal” hordes (https://www.nytimes.com/2019/01/08/us/politics/trump-speech-transcript.html)[/URL] to justify his wall, invoking “a crisis of the heart, and a crisis of the soul.”[/HIGHLIGHT] But, as Peter Baker [HIGHLIGHT=#NaNNaNNaN]wrote in The New York Times (https://www.nytimes.com/2019/01/08/us/politics/donald-trump-speech.html)[/URL],[/HIGHLIGHT] Migrant border crossings have been declining for nearly two decades. The majority of heroin enters the United States through legal ports of entry, not through open areas of the border. And the State Department said in a recent report that there is ‘no credible evidence’ that terrorist groups had sent operatives to enter the United States through Mexico. At least two migrant children, 8-year-old Felipe Gómez Alonzo and 7-year-old Jakelin Amei Rosmery Caal Maquin, have [HIGHLIGHT=#NaNNaNNaN]died in the custody of Customs and Border Protection (https://www.commondreams.org/news/2019/01/09/highlighting-systematic-violation-international-human-rights-ocasio-cortez-shreds)[/URL] since Trump began his war on refugees.[/HIGHLIGHT] “There is no national security crisis — thousands of would-be immigrants seeking asylum do not constitute an invading army,” [HIGHLIGHT=#NaNNaNNaN]wrote the editorial board of the Los Angeles Times (https://www.latimes.com/opinion/editorials/la-ed-wall-shutdown-20190108-story.html)[/URL]. “And while there is a humanitarian crisis, it’s one Trump could solve himself by expanding the nation’s capacity to handle asylum requests rather than forcing migrants to spend weeks in squalid camps near ports of entry.”[/HIGHLIGHT] The crisis Trump has created demonstrates that it is he who has no heart and soul. “He’s trying to restrict every form of legal immigration there is in the United States,” Rep. Alexandria Ocasio-Cortez (D-New York) [HIGHLIGHT=#NaNNaNNaN]told MSNBC’s Rachel Maddow (https://www.commondreams.org/news/2019/01/09/highlighting-systematic-violation-international-human-rights-ocasio-cortez-shreds)[/URL]. “He’s fighting against family reunification, he’s fighting against the diversity visa lottery, he’s fighting against almost every way that people can actually legally enter this country, forcing them to become undocumented. And then he’s trying to attack their undocumented status.”[/HIGHLIGHT] If Trump tries to declare a national emergency to build a wall with billions of dollars Congress has refused to appropriate, the courts should put an immediate halt to his illegal and cynical political stunt Title: Re: and this...... Post by: shiloh_3 on 01 10, 19, 02:35:07:PM tRumphole is playing out a bluff he was sure no one would call. It's blowing up in his face and it's rather pleasant to watch. Perhaps a little karma for the Americans he's screwing over with his PROUDLY shutting down the counntry no matter who it hurts.
Title: Re: and this...... Post by: takncarabizniz on 01 10, 19, 02:40:24:PM Just as obama had no right to enact his DACA authorization, the Don is gonna do, what the Don is gonna do.
Title: Re: and this...... Post by: Sadie402 on 01 10, 19, 02:51:31:PM The end is near for Trump....all he has is diversion and deflection.
Are you skeered takn...... Title: Re: and this...... Post by: sine-qua-non on 01 10, 19, 03:00:53:PM LOL (http://www.aesopsretreat.com/forum/Smileys/classic/grin.gif)
https://youtube.com/v/slXbw677sEY Title: Re: and this...... Post by: zsq987 on 01 10, 19, 03:01:58:PM (https://i.pinimg.com/564x/cb/78/03/cb780369eea84a1e8bf726cc0aa6a7b8.jpg)
Title: Re: and this...... Post by: dont-blameme on 01 10, 19, 03:08:38:PM Now sadie joins the ranks of left wing predictors and makes a prediction about Trump, so far Trump--- 325 the left wing predictors---0
Title: Re: and this...... Post by: warrenpees on 01 10, 19, 03:31:42:PM Sadie, I'm with you, but as you can see, facts won't work on these ignorant lunatics.
Title: Re: and this...... Post by: dont-blameme on 01 10, 19, 03:47:20:PM what facts are you referring to assface Sadie is making a prediction and I see shitlow3 has added one as well not one of you pitiful excuse for human beings have been right yet.
Title: Re: and this...... Post by: takncarabizniz on 01 10, 19, 03:48:57:PM The end is near for Trump....all he has is diversion and deflection.
Are you skeered takn...... Why would I be scared about losing a president I didn't vote for, and realize that it's Congress and it's bullshit that we should be more worried about. Title: Re: and this...... Post by: warrenpees on 01 10, 19, 03:49:37:PM I didn't mean to leave you out... I should have said ignorant inbred lunatics.
Title: Re: and this...... Post by: Dan on 01 10, 19, 03:50:48:PM Who says it's unnecessary?
Title: Re: and this...... Post by: warrenpees on 01 10, 19, 03:51:58:PM If you did anything on 8Nov2016 other than vote for Hillary, then you are responsible for Trump.
Title: Re: and this...... Post by: zsq987 on 01 10, 19, 04:41:00:PM (https://i.pinimg.com/564x/cb/78/03/cb780369eea84a1e8bf726cc0aa6a7b8.jpg)
Title: Re: and this...... Post by: sine-qua-non on 01 11, 19, 02:36:41:PM MAGA is a good thing to Americans who love their country (http://www.aesopsretreat.com/forum/Smileys/classic/107w9oy.gif)(http://www.aesopsretreat.com/forum/Smileys/classic/hattip.gif)(http://www.aesopsretreat.com/forum/Smileys/classic/107w9oy.gif)
Title: Re: and this...... Post by: zsq987 on 01 11, 19, 03:03:53:PM The Apollo Theater in Harlem had to close.
Some fool stole their stage curtain!!!!! (https://images.tmz.com/2018/12/20/1220-michelle-obama-getty-4.jpg) Title: Re: and this...... Post by: Sadie402 on 01 11, 19, 03:15:22:PM Zsq obsessing over Michelle again.
Title: Re: and this...... Post by: sine-qua-non on 01 11, 19, 03:20:32:PM It’s Micheal, as Barry said ! (http://www.aesopsretreat.com/forum/Smileys/classic/hattip.gif)
Title: Re: and this...... Post by: zsq987 on 01 11, 19, 04:10:18:PM You wouldn't want to see what's under those curtains!!!!!
(https://i.iheart.com/v3/re/new_assets/5a6609a4e8572579b294fb06?ops=max(650,0),quality(80)) Title: Re: and this...... Post by: WWV10MHZ on 01 11, 19, 06:22:55:PM (https://www.ihatethemedia.com/wp-content/uploads/the-road-to-hell-is-paved-with-liberals.jpg)
Title: Re: and this...... Post by: WWV10MHZ on 01 12, 19, 12:07:00:AM (http://www.aesopsretreat.com/forum/Smileys/classic/shocked.gif)
Title: Re: and this...... Post by: LadyRavensWing on 01 12, 19, 12:20:21:AM You will find out, "First Hand" about Hell waavy....
You have sold your soul and will be heading there soon enough, I suspect.... *Ldy R.* (http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif)(http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif)(http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif) Title: Re: and this...... Post by: D2D on 01 12, 19, 12:32:57:AM Now Democrats are saying the military isn't supposed to defend America!
That is insane! Title: Re: and this...... Post by: LadyRavensWing on 01 12, 19, 01:16:44:AM d2dork.....,
"I" NEVER said that.... More of your desperate, lying, bullshit, d2dork? You STILL can't seem to cover your lies or your jaybird ass.... LAUGHING UPROARIOUSLY!!!!!! dismissed....., *Ldy R.* (http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif)(http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif)(http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif) Title: Re: and this...... Post by: D2D on 01 12, 19, 01:21:46:AM See the starting post of this thread!
As you never post anything other than childish name calling, I really don't care what you say! Title: Re: and this...... Post by: LadyRavensWing on 01 12, 19, 01:28:31:AM Grow up, d2dumbass....
EVERYONE HERE already KNOWS what a liar you are... You and your party of lies, desperation and cover ups are heading to the bone yard, and tRaitor/tRump led you there by your stupid, arrogant, dumb asses, d2/dork. Not to mention that if tRaitor/tRump declares a national emergency over his baseless, useless, needless wall, he will be going against the 14th Amendment to our Constitution (among other laws he is breaking....) Congratulations, Bonehead! dismissed...., STILL LAUGHING @ your stupidity..., *Ldy R.* (http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif) (http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif)(http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif)(http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif) Title: Re: and this...... Post by: justincase on 01 12, 19, 01:36:19:AM d2 doesn't care what you say, but she sure will lie about what you say! (http://www.aesopsretreat.com/forum/Smileys/classic/grin.gif)
Title: Re: and this...... Post by: LadyRavensWing on 01 12, 19, 01:52:42:AM Oh, she cares about what I say, Justincase.....
If not, she wouldn't be whining her desperate, bullshit lies.... If you read between the lines of d2/dork's posts; you can tell what a scared little, desperate dork she is that has been repeatedly busted in her desperate bullshit and peeing her nappy in fear and desperation to save tRaitor/tRump & co., her desperate delusions, and her busted ass, criminal, republican/traitor party..... *Ldy R.* (http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif)(http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif)(http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif)(http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif) Title: Re: and this...... Post by: justincase on 01 12, 19, 01:56:35:AM Whatever. My opinion is she is just another lonely old partisan hack who thinks nothing of lying. She continues posting on a thread just to keep the post count up. I'm still not convinced she doesn't get paid for each response she receives.
Title: Re: and this...... Post by: D2D on 01 12, 19, 01:57:06:AM Hubris thy name is Democrat!
Title: Re: and this...... Post by: justincase on 01 12, 19, 02:04:39:AM You poor fool. You really have no idea you're batshit crazy, do you?
Title: Re: and this...... Post by: LadyRavensWing on 01 12, 19, 09:41:43:AM Justincase,
Poor, demented d2/dork probably doesn't know the meaning and connotations of the word "HUBRIS" either. If she did, she would be hanging her head in shame. Isn't it ironic that air headed dolts like her and her party of lies, deceptions and traitorism sits there in their basements accusing others of what she and her OWN party are guilty of? I ask you...... *Snicker!* *Ldy R.* (http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif)(http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif)(http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif) Title: Re: and this...... Post by: D2D on 01 12, 19, 09:14:05:PM Hubris thy name is Democrat!
For LRW's edification: hubris noun (https://www.merriam-webster.com/dictionary/noun) hu·bris|\hyü-brəs Definition of hubris : exaggerated pride or self-confidence https://www.merriam-webster.com/dictionary/hubris Title: Re: and this...... Post by: dont-biameme on 01 13, 19, 07:29:09:AM Hubris is that big bone in the arm!
So there! You can't refute a word I have said, you childish name-calling booger eaters! Title: Re: and this...... Post by: LadyRavensWing on 01 13, 19, 09:12:02:AM Did your mommy look up the word for you, d2dumbass/dvd/dork?
We ALL know that like your fuhrer, "Adolph tRaitor/tRump, you cannot read and comprehend by yourself..... dismissed....., *Ldy R.* (http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif)(http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif)(http://www.aesopsretreat.com/forum/Smileys/sarcasmics/107w9oy.gif) Title: Re: and this...... Post by: zsq987 on 01 13, 19, 10:36:37:PM (https://pics.me.me/fake-news-media-tru-detroit-trump-detr-the-more-you-21673583.png)
Title: Re: and this...... Post by: justincase on 01 13, 19, 10:39:19:PM Hubris is that big bone in the arm! So there! You can't refute a word I have said, you childish name-calling booger eaters! (https://i.postimg.cc/prXmn6mN/ROFL.jpg) (https://postimages.org/) Title: Re: and this...... Post by: WWV10MHZ on 01 14, 19, 05:21:23:PM (https://i2.wp.com/cultureshiftforlife.com/wp-content/uploads/2016/11/regret-quote.png?fit=894%2C597&ssl=1)
Title: Re: and this...... Post by: Dan on 01 14, 19, 09:47:20:PM Quote If you did anything on 8Nov2016 other than vote for Hillary, then you are responsible for Trump .[/FONT]Yep you get all the credit. But if you did vote for Hillary, you deserve NONE of the credit. Title: Re: and this...... Post by: zsq987 on 01 18, 19, 09:12:41:PM (https://i.imgur.com/OM9dKgN.jpg)
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