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Thread: Senate votes to reject Trump’s emergency declaration

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    testsubjectalpha's Avatar Senior Member
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    That was a very observant and intelligent post Tallyhu. The other interesting fact is that Congress or other presidents have never revisited National Emergencies like the 2010 Zimbabwe elections results. Not that my facts are straight, just want to say you hit the nail on the head.

    Quote Originally Posted by Tahuyaman View Post
    Check the history of how past president's have used this authority. More than 90% of the time there was no national emergency. Securing a border which is a pathway to human traffickers and a variety of criminal types is closer to an emergency than most anything its been used for in the past.

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    Lets see you argue with "the boss" Mike Lee!!!
    Here is a constitutional schooling B-slap!

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  4. #23
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    Quote Originally Posted by Tahuyaman View Post
    A president does have the legal authority to declare a national emergency. The congress gave the president that authority in 1976. I don't know how a court can overturn that.
    They can find the law unconstitutional- if that is a challenge against Trump's action- so far it does not appear to be. The lawsuits focus on the definition of national emergency (where the law is silent).
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    Captdon (03-14-2019)

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    If the law is unConstitutional, why did they vote to rescind the power on this one event? That weakens the case. If they thought it was unConstitutional, they should have gone to court to start with. The veto won't be overridden and SCOTUS will rule that Congress gave this power to the President.
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    No real judge is going to define a term left undefined in the statute. It is a question for the legislature to address.

    Now a challenge to the constitutionality of the NEA is a different animal.

    Quote Originally Posted by alexa View Post
    Although I suppose that Trump will argue that the bogus national emergency is legal under the terms of the NEA, both Houses have voted to terminate it, and his own words ("I don't need to do this, I just want to go quicker" or words to that effect") belie both the allegation that it's a bona fide emergency and that Congress' will is to build a wall.

    If Congress wanted to appropriate money for that purpose, they would have. The phony cons among us are shown to be hypocrites by arguing that the Executive should be able to appropriate funds in disregard of the express will of the Legislative.

    The intent of the NEA was to enable the President to act quickly in real emergencies, not build vanity projects to appease their supporters.

    https://caselaw.findlaw.com/us-supreme-court/343/579.html


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    Our Federal Gov't spends $10 billion a day. Take a half day off, build a wall. Tell a few Congress politicians your selected lobbyist constituents don't get paid today.





    Quote Originally Posted by Just AnotherPerson View Post
    Lets see you argue with "the boss" Mike Lee!!!
    Here is a constitutional schooling B-slap!


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    Quote Originally Posted by Just AnotherPerson View Post
    Lets see you argue with "the boss" Mike Lee!!!
    Here is a constitutional schooling B-slap!

    He is wrong, of course. I feel embarrassed for him.
    Call your state legislators and insist they approve the Article V convention of States to propose amendments.


    I pledge allegiance to the Constitution as written and understood by this nation's founders, and to the Republic it created, an indivisible union of sovereign States, with liberty and justice for all.

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    Captdon (03-14-2019)

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    If other countries wanted to kill 100 million Americans tomorrow, they just put an extra grain of $#@! into a pill. And you are worried about building a wall? Seriously?

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    Quote Originally Posted by Captdon View Post
    If the law is unConstitutional, why did they vote to rescind the power on this one event? That weakens the case. If they thought it was unConstitutional, they should have gone to court to start with. The veto won't be overridden and SCOTUS will rule that Congress gave this power to the President.
    The president always had the power to do what Trump did...


    ArticleIII, Section 4

    The United States shall guarantee to everyState in this Union a Republican Form of Government, and shall protecteach of them against Invasion; and on Application of theLegislature, or of the Executive (when the Legislature cannot beconvened) against domestic Violence.
    Since Roberts has been compromised, it is entirely possible that he would violate his oath and vote against the Constitution.

    He's done it before.

    All the 1976 law did was to make it easier for the President to allocate funds for national emergencies, and, since the states are being invaded by ravenous hordes from south of the border, the United States clearly has a legal REQUIREMENT to protect them.
    Freedom Requires Obstinance.

    We the People DID NOT vote in a majority Rodent Congress, they stole it via election fraud.

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    Quote Originally Posted by Tahuyaman View Post
    He's only one Justice.

    Don't forge the three Rodent $#@!es and the old decrepit Rodent who should have retired 80 years ago.
    Freedom Requires Obstinance.

    We the People DID NOT vote in a majority Rodent Congress, they stole it via election fraud.

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