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Thread: What authority does the President have under the National Emergency Act

  1. #11
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    Captdon's Avatar Senior Member
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    Quote Originally Posted by DGUtley View Post
    I don't see how it gets directly to the SCOTUS. I do think that it is a national emergency. I think that if it was a democrat idea we'd have the wall built already. I don't know enough about the ability of the president to declare a NE but I want him to stay well within the bounds of the law.
    If a lower court denies his right to declare an emergency wouldn't he have to go to the Supreme Court for a quick ruling? If not, it's not an emergency.

    I don't want him to do an obama. I want him to do what he is allowed to do.
    Liberals are a clear and present danger to our freedom and our society and our morals.

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    Quote Originally Posted by Captdon View Post
    If a lower court denies his right to declare an emergency wouldn't he have to go to the Supreme Court for a quick ruling? If not, it's not an emergency.

    I don't want him to do an obama. I want him to do what he is allowed to do.
    The Constitution and the Statues are already on President Trump's side. What role should any court have in deciding a political issue? The courts have no role to play.
    Call your state legislators and insist they approve the Article V convention of States to propose amendments.

    The Wall: If we build it, they will not come.

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    Quote Originally Posted by ManyWants View Post
    Do you think that the national emergencies declared by Obama qualify as actual emergencies?
    Document them and let's discuss them.
    Call your state legislators and insist they approve the Article V convention of States to propose amendments.

    The Wall: If we build it, they will not come.

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    Quote Originally Posted by MisterVeritis View Post
    The Constitution and the Statues are already on President Trump's side. What role should any court have in deciding a political issue? The courts have no role to play.
    Because national emergency is not defined in the relevant statutes, you are likely correct. A court should not supply something that is not there.
    Molon labe

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    Quote Originally Posted by MisterVeritis View Post
    Document them and let's discuss them.
    It would probably be a serious pain to hunt them all down. Here are two:

    For example, in 2012, Obama declared a national emergency entitled, "Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen" in order to freeze the assets of anyone perceived to be negatively impacting a political transition in Yemen, VOA reported. In 2014, the 44th president issued a national emergency referred to as "Blocking Property of Certain Persons Contributing to the Situation in Ukraine," which similarly locked the assets of those thought to be undermining democratic processes in Ukraine. These are just two of many internationally oriented states of emergency that Obama declared while in office.
    WTF does anything in Yemen or Ukraine have to do with a national emergency inside the US?

    More at the link.
    Molon labe

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    For waltky: http://quakes.globalincidentmap.com/
    "The Nation that makes a great distinction between its scholars and its warriors will have its thinking done by cowards and its fighting done by fools."
    - Thucydides

    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote" B. Franklin
    Igitur qui desiderat pacem, praeparet bellum

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    Update, it appears the Administration will not use the authority of 10 USC 2808. Recall that 2808 allows the president to shift monies appropriated to the US Army Corps of Engineers for military construction projects. Most of the approved COE MILCON projects are for projects relating to last year's natural disasters. It would create an uproar if those projects did not go forward.

    The AP is reporting that asset forfeiture funds could be used, although they do not cite to a law or regulation.
    Molon labe

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    Quote Originally Posted by Captdon View Post
    I would think a national emergency would go straight to the Supreme Court.
    I doubt that would happen. I would think a lower court would first need to make a ruling.

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    Quote Originally Posted by Tahuyaman View Post
    I doubt that would happen. I would think a lower court would first need to make a ruling.
    Fine. that will be one hour after he declares it.
    Liberals are a clear and present danger to our freedom and our society and our morals.

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    Quote Originally Posted by Captdon View Post
    I would think a national emergency would go straight to the Supreme Court.
    Liberal democrats in Congress do not recognize any authority in office of the President. They ARE the national emergency.

    So what can be done about that? They fail so to steal firearms from the populace to exterminate resistence when they genocide opposition (but don't call it what it is), and this is because they embody the reason for the 2nd amendment (oh no), and so it appears as though they will have to let the emergency they have created play out.

    May God have mercy on their souls while we talk this through.

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