What constitutional grounds are there to say the southern border is at a state of emergency, and that the President can use his powers (instead of Congress) to allocate the money to begin the wall?
And as I said, an emergency is something that requires immediate action and remedy. The wall will take years and years to build.
They can start building on federal land, but what about privately owned land?
This is what Trump tweeted not even a month ago.
https://twitter.com/realDonaldTrump/status/1075732375169060869
âThe border is tightâ.
It wonât take a judge more than 10 minutes to put an end to the EO.
As Commander in Chief he has the authority which is further clarified by the Emergency Powers acts.
The only way congress could stop him is by passing a joint resolution with a veto proof majority.
The only way the courts can stop him is on private land over eminent domain arguments with landowners and that would fail handily on precedent.
The house could impeach him over it but it would never make it through the senate.
I"m very pro âwallâ but Iâm not sure the political cost is going to be worth it.
We stopped the one caravan because it was an obvious target while thousands of people and thousands of tons of illegal drugs keep crossing at the unguarded portions of the border.
Even the head of ICE that he fired and replaced came on Tuckerâs show this week stating that âthe wallâ is definitely a necessity and should be started ASAP.
Hurricane Harvey was an emergency. A terrorist attack is an emergency.
This is not an emergency. I posted his tweet from less than a month ago, in which he said otherwise.
I donât think any President has the constitutional authority to declare an emergency on his own absent the proof that an emergency actually exists.
And it would involve the seizing of private land. Federal land obviously is a different matter, but most of the border is not under federal jurisdiction.
This would almost certainly be swiftly blocked from the courts. It also would enable a D President to wield vast powers in order to get his or her pet project going.
The Constitution and The Law specifically grant them that ability.
There are three remedies for this, a change in the law, impeachment and removal from office, voting him out of office in 2020.
Whether we agree with this use of his emergency powers he has the power and authority to do so.
Yes, the President has the authority to use emergency powers. But such an emergency must already exist. What happened in the last few weeks to make this an emergency?
Why couldnât Rs have used reconcilation in a spending bill to start funding the wall? That only needed a simple majority, and would not have required any D votes.
This is a failure of Rs.
There is nothing in the law or constitution that requires us to agree with him on what is or isnât an emergency. By being elected he was given the authority to make those judgements for himself.
I"ve said repeatedly on three forums now that this is a failure of the republicans in congress.
He has the power and authority to do this, I am not sure the political cost in the long run will be worth it.
Iâm hoping heâs just using this threat to force the democrats to capitulate but with his temperament he may not be.
I hurricane is a natural disaster. Emergency relief is required.
A terrorist attack is a surprise attack, unpredictable. Emergency action is necessary.
Drugs and illegal aliens crossing the border is ongoing and predictably continuous unless emergency action is taken.
You are comparing apples and oranges to tomatoes. Poor logic, IMHO.
You mean like the family that went on vacation in Orlando two years ago and is now suing Universal Studios?
Yeah, pretty sure âthe wallâ wouldnât have fixed that either. I think âthe wallâ is little more than another distraction and nobody in government has any intention of fixing the actual problem. The entire immigration SYSTEM needs to be overhauled. We need to stop letting anyone and everyone in unless they are filling a direct need for our country. Temporary VISAs should also not be a thing if we arenât monitoring and enforcing adherence when those VISAs expire. This isnât a new problem. Itâs been in existence for at least thirty years. All we get are the usual âlook weâre doing somethingâ excuses while the system continues being abused, seemingly intentionally, since Congress knows the loopholes theyâve written into that policy that illegals take advantage of and still refuse to close them.
The caravan tried to invade the country. Another one is being planned as we speak. Drugs, human trafficing and illegal alien crossing are ongoing.
People (current and former Border Patrol agents) that know infinitely more about what is going on than do you or I have called for a physical barrier.
Though we all may have our opinions, theirs countâŚours do not. We are ignorant of the facts.
Did you happen to watch President Trumpâs
OK then. A future D President can declare gun violence or climate change or whatever pet project he or she wants. Same thing.
Iâm not saying there is no problem. Of course there is. But how did it suddenly become a crisis? This has been ongoing for a long time. It did not start overnight.
And if it is a genuine emergency, why wasnât it called that two years ago?
And this 'emergency" action will take years and years to complete, if it ever is at all.
I donât know all the answers. I do know that things change daily. More cops are killed by illegal aliens today. More people are victims of crimes by illegal aliens today. More drugs are being intercepted at the border today. More drugs are making it through the border today.
Water doesnât boil instantly when you build a fire under the pot. Remember the story about putting a frog in water and then turning up the heat? The frog doesnât know heâs about to die until itâs too late.
Illegal immigration should have been stopped decades agoâŚbut I guess the liberals needed the votes. Thatâs why we have sanctuary cities and states today.
To be fair, wasnât 9/11 a national emergency 17+ years ago? Arenât we still fighting terrorism today?
Now the sanctuary cities policies are something the feds should be cracking down on. In fact if Iâ am not mistaken, isnât CA a sanctuary state?
Why are they getting away with that?
Well said, And as to the part I have in bold, this is exactly why the courts will shut down any emergency order quickly.
I donât know about CA, but OR has written those exact words into its State Constitution and the governor has been publicly repeating it practically since the day she first took office (which btw was not by election, although the State saw fit to re-elect her dumb ass for some reason.)
No one disputed that was a national emergency.