Hello There, Guest! (LoginRegister)

Post Reply 
News Why Trump may win his legal fight over border wall
Author Message
CrimsonPhantom Offline
CUSA Curator
*

Posts: 41,340
Joined: Mar 2013
Reputation: 2371
I Root For: NM State
Location:
Post: #1
Why Trump may win his legal fight over border wall
Quote:What is a national emergency?

There is no real definition. Under the National Emergencies Act of 1976, Congress simply allowed a president to declare an emergency and to assume extraordinary powers to combat it.

That is the reason why emergencies are so easy to declare and so difficult to end.

While Congress reserved the right to rescind a declaration, it has never done so.

Even if the Democrats secure enough votes in both houses to negate the declaration by a majority vote, it can be vetoed by the president. It would then require a super-majority of two-thirds of both houses to override the veto.

The challenge for the Democrats is getting a federal court to supply the result that they could not secure in their own branch of government. If they are unable to secure a majority of the 535 members which make up both houses of Congress, they are unlikely to change the result with the single vote of an unelected federal judge.

[Image: _105661227_us_nat_emerg-nc.png]

'Haze of Democratic hypocrisy'

There is also a problem for the Democrats in getting a judge to listen to arguments through a thick haze of hypocrisy.

President Trump's assertions of executive authority remain well short of the extremes reached by Barack Obama who openly and repeatedly circumvented Congress.

In one State of the Union address, Mr Obama chastised both houses for refusing to give him changes in immigration laws and other changes. He then declared his intention to get the same results by unilateral executive action.

That shocking pledge was met with a roar of approval from the Democrats - including Speaker Nancy Pelosi - who celebrated the notion of their own institutional irrelevancy.

In 2011, I represented Democratic and Republican members who challenged the right of President Obama (and then-Secretary of State Hillary Clinton) to launch the Libyan war without a declaration from Congress.

Mr Obama then proceeded (like Mr Trump) to use loose funds in the executive branch to fund the entire war without an appropriation.

Ms Pelosi and the Democratic leadership enthusiastically supported Obama's circumvention of Congress on both the lack of a declaration and the lack of an appropriation.

Will court ignore precedent?

The greatest hypocrisy is the authority that the Democrats intend to use in this challenge.

In 2016, I represented the House of Representatives in challenging one of Mr Obama's unilateral actions, after he demanded funds to pay insurance companies under the Affordable Care Act (ACA).

Every year, presidents must ask for appropriations of money to run the government - a critical check on executive authority held by the legislative branch.

Congress refused so Mr Obama simply ordered the Treasury would pay the companies as a permanent appropriation - even though Congress never approved an annual, let alone a permanent, appropriation.

Mr Obama did not declare an emergency, he just took the money. Nevertheless, Ms Pelosi and the Democratic leadership opposed the lawsuit and declared it a meritless attack on presidential authority. We won the lawsuit.

In addition to ruling that Mr Obama violated the Constitution, the federal district court in Washington, DC, ruled that a house of Congress does have standing to bring such a lawsuit - a precedent that Congress had sought to establish.

Now Democrats are going to use the precedent that they opposed under Mr Obama. However, they could end up not only losing the challenge but frittering away this historic precedent.

Courts often turn to standing to avoid tough decisions. Since the Democrats are likely to try to litigate this question in the Ninth Circuit which covers California and some other western states, the judge will not be bound by the DC ruling and could rule against the right of Congress to bring such actions.

Moreover, the litigation to the Supreme Court could easily take two years. Once there, the challengers will face a newly minted conservative majority with two Trump appointees.

That would mean that the Democrats could hand Trump a major victory on his signature campaign issue just before voters go to the polls in 2020.

Link
(This post was last modified: 02-17-2019 01:10 PM by CrimsonPhantom.)
02-17-2019 01:09 PM
Visit this user's website Find all posts by this user Quote this message in a reply
Advertisement


UofMstateU Offline
Legend
*

Posts: 39,084
Joined: Dec 2009
Reputation: 3551
I Root For: Memphis
Location:
Post: #2
RE: Why Trump may win his legal fight over border wall
One more great thing Trump can do before he leaves office is to sign this back out of law so it can not be used again.
02-17-2019 01:12 PM
Find all posts by this user Quote this message in a reply
Attackcoog Offline
Moderator
*

Posts: 44,738
Joined: Oct 2011
Reputation: 2860
I Root For: Houston
Location:
Post: #3
RE: Why Trump may win his legal fight over border wall
Basically, the law gives the discretion over what qualifies as an emergency to the president. I frankly see no way for the president to lose. The only way for Congress to win is to simply repeal the law. That is the correct constitutional recourse for Congress---not the courts. The courts didnt create the law. Congress did.
02-17-2019 02:35 PM
Find all posts by this user Quote this message in a reply
Advertisement


stinkfist Online
nuts zongo's in the house
*

Posts: 68,370
Joined: Nov 2011
Reputation: 6859
I Root For: Mustard Buzzards
Location: who knows?
Post: #4
RE: Why Trump may win his legal fight over border wall
(02-17-2019 01:12 PM)UofMstateU Wrote:  One more great thing Trump can do before he leaves office is to sign this back out of law so it can not be used again.

amen to that....

if he's smart, he'll do it if he wins in '20....

I stated out of the gate his goal was to get the RNC up off their lazy arses....

[Image: EntireUntidyHarvestmouse.gif]
(This post was last modified: 02-17-2019 03:04 PM by stinkfist.)
02-17-2019 03:03 PM
Find all posts by this user Quote this message in a reply
DavidSt Offline
Hall of Famer
*

Posts: 23,011
Joined: Dec 2013
Reputation: 732
I Root For: ATU, P7
Location:
Post: #5
RE: Why Trump may win his legal fight over border wall
Private land owners have filed lawsuits against Trump. One woman mentioned that they will destroy her home for the wall. We are gonna have a Bundy style standoffs on the border as ranchers and private land owners will fight Trump on this issue.
02-17-2019 03:06 PM
Visit this user's website Find all posts by this user Quote this message in a reply
Advertisement


UofMstateU Offline
Legend
*

Posts: 39,084
Joined: Dec 2009
Reputation: 3551
I Root For: Memphis
Location:
Post: #6
RE: Why Trump may win his legal fight over border wall
(02-17-2019 03:06 PM)DavidSt Wrote:  Private land owners have filed lawsuits against Trump. One woman mentioned that they will destroy her home for the wall. We are gonna have a Bundy style standoffs on the border as ranchers and private land owners will fight Trump on this issue.

Her home straddles the border? In that case, yea, if she was stupid enough to do that, her house is going to get destroyed.

Ever heard of an easement?

Also, link to where someone who's home is on the border who is against the wall.
02-17-2019 03:09 PM
Find all posts by this user Quote this message in a reply
stinkfist Online
nuts zongo's in the house
*

Posts: 68,370
Joined: Nov 2011
Reputation: 6859
I Root For: Mustard Buzzards
Location: who knows?
Post: #7
RE: Why Trump may win his legal fight over border wall
(02-17-2019 03:09 PM)UofMstateU Wrote:  
(02-17-2019 03:06 PM)DavidSt Wrote:  Private land owners have filed lawsuits against Trump. One woman mentioned that they will destroy her home for the wall. We are gonna have a Bundy style standoffs on the border as ranchers and private land owners will fight Trump on this issue.

Her home straddles the border? In that case, yea, if she was stupid enough to do that, her house is going to get destroyed.

Ever heard of an easement?

Also, link to where someone who's home is on the border who is against the wall.

another duh/derp from the skreet, eh?

idiots and their talking points....that's what lawyers crave... 03-wink
02-17-2019 03:15 PM
Find all posts by this user Quote this message in a reply
Advertisement


Attackcoog Offline
Moderator
*

Posts: 44,738
Joined: Oct 2011
Reputation: 2860
I Root For: Houston
Location:
Post: #8
RE: Why Trump may win his legal fight over border wall
(02-17-2019 03:06 PM)DavidSt Wrote:  Private land owners have filed lawsuits against Trump. One woman mentioned that they will destroy her home for the wall. We are gonna have a Bundy style standoffs on the border as ranchers and private land owners will fight Trump on this issue.

lol....unless she actually lives in a house built on top of the actual border---I doubt it.

I actually have always wondered about the laws regarding the border. I would think the border would have some sort of permament easement for the government to enforce its security.

In Texas, for instance, the beaches, defined as the area between the water and dune line, are considered to be public property. Private property begins behind the dunes. Beach homes set just behind the dune lines are common. However, if a hurricane comes through and erodes the dune line, pushing it back behind this first row of homes---the "public" beach is simply re-established as defined by the area between the water and the dune line. The beach front homeowner simply loses their property and there is no compensation. That always seemed wrong to me.
02-17-2019 04:16 PM
Find all posts by this user Quote this message in a reply
cb4029 Offline
The spoon that stirs the pot.
*

Posts: 18,793
Joined: Jun 2007
Reputation: 353
I Root For: Deez Nuts
Location: B'ham

Donators
Post: #9
RE: Why Trump may win his legal fight over border wall
02-17-2019 04:52 PM
Find all posts by this user Quote this message in a reply
CrimsonPhantom Offline
CUSA Curator
*

Posts: 41,340
Joined: Mar 2013
Reputation: 2371
I Root For: NM State
Location:
Post: #10
RE: Why Trump may win his legal fight over border wall
[Image: tnlsqfdqsbh21.jpg]
02-18-2019 01:30 PM
Visit this user's website Find all posts by this user Quote this message in a reply
Post Reply 




User(s) browsing this thread: 1 Guest(s)


Copyright © 2002-2024 Collegiate Sports Nation Bulletin Board System (CSNbbs), All Rights Reserved.
CSNbbs is an independent fan site and is in no way affiliated to the NCAA or any of the schools and conferences it represents.
This site monetizes links. FTC Disclosure.
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit http://www.networkadvertising.org.
Powered By MyBB, © 2002-2024 MyBB Group.