National Emergencies Act

[Thetexashammer 1062]

Interesting thing I had never heard of. I heard of it here: https://jonathanturley.org/2019/01/10/yes-trump-has-the-authority-to-declare-a-national-emergency-on-the-southern-border/

Quote

In the latest “constitutional crisis” declared on Capitol Hill, Democrats are adamant that they will not fund the signature pledge of Trump to build a border wall. In response, Trump has threatened to start construction unilaterally under his emergency powers if Congress refuses to yield to his demand for more than $5 billion. Critics turned to the Constitution and found clear authority against Trump. Representative Adam Schiff, Berkeley law school dean Erwin Chemerinsky, Yale law professor Bruce Ackerman, and many others denounced such a move as flagrantly unconstitutional.

The concern is well founded even if the conclusion is not. Congress has refused the funds needed for the wall, so Trump is openly claiming the right to unilaterally order construction by declaring a national emergency. On its face, that order would undermine the core role of Congress in our system of checks and balances. I happen to agree that an emergency declaration to build the wall is unwise and unnecessary. However, the declaration is not unconstitutional. Schiff, now chairman of the House Intelligence Committee, insists that Trump “does not have the power to execute” this order because “if Harry Truman could not nationalize the steel industry during wartime, this president does not have the power to declare an emergency and build a multibillion dollar wall on the border.”

The problem is Trump does have that power because Congress gave it to him. Schiff is referring to the historic case of Youngstown Sheet and Tube Company versus Charles Sawyer, in which the Supreme Court rejected the use of inherent executive powers by President Truman to seize steel mills during a labor dispute. He wanted to claim a national security emergency if steel production halted during the Korean War. In a powerful check on executive authority, the Supreme Court rejected his rationale for unilateral action. The Supreme Court was correct. But that was in 1952.

More than two decades later, Congress expressly gave presidents the authority to declare such emergencies and act unilaterally. The 1976 National Emergencies Act gives presidents sweeping authority as well as allowance in federal regulations to declare an “immigration emergency” to deal with an “influx of aliens which either is of such magnitude or exhibits such other characteristics that effective administration of the immigration laws of the United States is beyond the existing capabilities” of immigration authorities “in the affected area or areas.” The basis for such an invocation generally includes the “likelihood of continued growth in the magnitude of the influx,” rising criminal activity, as well as high “demands on law enforcement agencies” and “other circumstances.”

Very interesting. So if he declares "an emergency", he definitely has Congressional authority to do so.

https://en.wikipedia.org/wiki/National_Emergencies_Act

Quote

Emergency powers[edit]

Congress has delegated at least 136 distinct statutory emergency powers to the President upon the declaration of an emergency, with only 13 of these requiring a declaration from Congress.^[15]

Emergency presidential powers are dramatic, and have ranged from suspending all laws regulating chemical and biological weapons, including the ban on human testing (50 U.S.C. § 1515, 1969); to suspending any Clean Air Act implementation plan or excess emissions penalty upon petition of a state governor (42 U.S.C. (f) § 7410 (f) 1977); to authorizing and constructing military construction projects (10 U.S.C. (a) § 2808 (a), 1982) using any existing defense appropriations for such military constructions ($10.4 billion in FY2018^[16]); to drafting any retired Coast Guard officers (14 U.S.C. § 331, 1963) or enlisted members (14 U.S.C. § 359, 1949) into active duty.

Invocations[edit]

As of January 2019, 58 national emergencies have been invoked since the Act was enacted in 1976, with 31 of them having been renewed annually and remaining in effect as far back as 1979.^[2][3] Donald Trump has kept in place the states of emergency put in place by his predecessors^[17], and in January 2019 indicated he may use the emergency powers act if Congress does not appropriate $5.7 billion to build the proposed wall along the southern border.^[18]

Don't love the idea or the Act. But interesting. 

 

[David Dennison 18652]

I can't wait to see what the ultra liberal emergency is when a Democrat takes over.

Fun!

[Updawg 2261]

The reason not to start that slippery slope

[Chico_SA 521]

That stuff you put it bold.  It's not currently happening.  So honestly, that post isn't all that " very interesting"

 

 

[tx 3 putt 76315]

What’s the emergency?

 

[TexArcher 37508]

19 minutes ago, tx 3 putt said:

What’s the emergency?

 

There's a crisis at the southern border!  Terrorists and drugs are pouring in!

I mean, sure, border crossings are way down and most illegals are here on expired visas.  And sure, most drugs come in through ports or are, gasp, manufactured here, sometimes by, double gasp, white people.

But it's a crisis, see?  Bad hombres.  You're fired!

[Thetexashammer 1062]

52 minutes ago, tx 3 putt said:

What’s the emergency?

 

You'll have to be more specific. There are 30 ongoing emergencies.

[RPM 26215]

1 hour ago, David Dennison said:

I can't wait to see what the ultra liberal emergency is when a Democrat takes over.

Fun!

Healthcare

[scottsins 1953]

2 hours ago, Thetexashammer said:

You'll have to be more specific. There are 30 ongoing emergencies.

If there is such a crisis, why has Trump been, by his failure to act, murdering us with imported Fentanyl for 2 years, and letting MS13 gang rape elementary school girls, etc.?

[HenryJames 65887]

 

[RayDog 682]

6 hours ago, RPM said:

Healthcare

Climate change and the green new deal 

[Al Bundy's Napoleon Hand 13546]

6 hours ago, RPM said:

Healthcare

And, as highlighted by the Trumpdown, a Living and Retirement Savings Wage. 

[Al Bundy's Napoleon Hand 13546]

39 minutes ago, HenryJames said:

 

In emergency situations, Trump doesn't like to act hastily. That's when he really likes to take his time and savor micro-analyzing every wonkish detail, carefully weighing which FEMA funds he can deny to wildfire victims and divert to contractors for a flash flood-causing project that will not be finished in his lifetime.

[softlynow 1783]

6 hours ago, RPM said:

Healthcare

Just use emergency powers to enroll everyone in  Medicare. Then:

Deficit is dangerously high - emergency tax increase. 

Climate change not being addressed and our habitat is endangered - emergency carbon tax. 

Our political system is in crisis - emergency campaign finance reform. 

The immigration issue rots the minds of right- wing morons - emergency comprehensive immigration reform. 

Our freedom to chill is in peril - emergency pot legalization.

Ou continues to suck - emergency ... nope, no government policy can fix that.