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"A Historic Power Grab Requires a Historic Response": House Dems Introduce Measure to Revoke Trump's Emergency Declaration

"A Historic Power Grab Requires a Historic Response": House Dems Introduce Measure to Revoke Trump's Emergency Declaration

Andrea Germanos, staff writer

This is a developing story and may be updated.

House Democrats on Friday introduced a measure to terminate President Donald Trump's emergency declaration—an act that's been denounced as an "anti-democratic power grab rooted in racism."

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It seems bizarre to me that members of Congress need to be reminded that they took an oath of office to uphold the Constitution. Not a party or a person.

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Germanos sez:
“… Rep. Joaquin Castro (D-Texas) … warned last week that the ‘baseless declaration’ issued by the president ‘would set a dangerous precedent’ …”

Oh, the declaration was definitely supported by a “base” — which is impervious to Chump’s subsequent assertion that “I didn’t have to do this.”

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The “Dem response” in this glaring case would be more believable and powerful if they, the entrenched DP establishment DINO’s, didn’t betray the republic and people they claim to represent, so often themselves - one glaring example is the un-Constitutional anti-BDS legislation 25 of the most shamefully compromised Dems joined R’Cons to support.

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Article 1 Section. 7 United States Constitution

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

OK - I’m relatively ignorant and I don’t get it.

This is a “joint resolution”…Pelosi says a “bill”?

But…if what a recent CD article by Goitein says is right, current ‘emergency act’ law imposes no limits on what the Executive can call an emergency:

So, in that case, there’s gotta be a new ‘emergency act’ law proposed that says, ‘an Executive emergency act is good for only a short time, but needs Congress for a renewal of it.’

Such a law would force the right wing to exercise its constitutional authority - whether to fund or not fund the so-called ‘emergency’; and, thereby, it would force the right wing of the legislative branch to go public with an unpopular action vs deferring to the President.

Precisely, baska !

The 1976 legislation does not require the POTUS have a reason for declaring a national emergency and legal precedent will protect Trump’s edict no matter how many times he tells us “I didn’t need to do it”.

Trump could even say that this is the stupidest thing anybody has ever done and the SCOTUS will still uphold the national emergency.

This is the result of more than 4 decades of the best Congress money can buy expanding executive authority when they should have been restricting executive authority.

And don’t be fooled by Congressional Republicans expressing faux fear of a future Democrat in the White House declaring a national emergency to enact the green new deal…they are saying that solely to bolster their 2020 campaign strategy to mischaracterize the green new deal and portray Democrats as socilaists several times each day for the next 21 months.

I know it doesn’t seem to do any good most of the time, but it is very important that you call your congressperson and demand they stop this power grab, whether they are repubs or dems. It might even be more important than gabbing on this blog.

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Ok, I understand what you and baska are saying about declaring a national emergency (and I agree it should have been restricted, not expanded), but in that power afforded the POTUS, does it grant him/her the authority to raid federal agencies for the money to pay for said emergency declaration, since those agency funds are appropriated by congress?
Basically they can’t stop him from declaring the “emergency”, but can they stop the stealing of funds from federal agencies to fund the “emergency”?

At least some of the states sueing or planning to sue the feds say they will base the suits on demonstrating that their state is being harmed as a result of specific funds being diverted away from the respective states’ programs. and projects.
Let’s hope the courts concur !

Obama used the same National Emergencies Act, a law passed by a majority Democratic congress in 1976, to overthrow Qhaddafi and in nine other countries. Didn’t hear any howls then. He issued 11 national emergencies, including one against Venezuela in 2015 which was the start of the current regime change mess. Congress has had forty years to amend the Act but have done nothing. They just keep giving the executive branch more and more power so they don’t have to do the tough job of actually legislating. In two years, IF Donne is gone, all will be forgotten and nothing done to put limits on the Emergencies Act or get rid of it altogether. Precedence and the way the act is written, might actually side with Donnie on this one as far as his use of Defense money with no one to blame but congress itself. Challenges to eminent domain might be the only thing that actually gets in his way and along with the fact that it is actually going to take a long time to actually build a wall. To quote my favorite rep, “It’s all about the Benjamins.”

Remember, God wanted Trump to be President so that Americans would finally realize that it is way past time that they regurgitated the ‘world’s greatest democracy’ baloney that they have swallowed and had a complete rethink and overall of their ramshackle system of ‘government’.

The 1976 ‘National Emergencies Act’ had the aim of reining in ‘emergency declarations’. Under this law, the president still has complete discretion to issue an emergency declaration—but must specify in the declaration which powers are intended to be used, issue public updates if additional powers are to be invoked, and report to Congress on the government’s emergency-related expenditures every six months. The state of emergency expires after a year unless the president renews it, and the Senate and the House must meet every six months while the emergency is in effect “to consider a vote” on termination. (Past uses of the ‘emergency powers’ have included Lincoln’s suspension of ‘Habeas Corpus’, Roosevelt’s internment of American citizens of Japanese background during WWII, and Truman’s sending of troops to Korea without a declaration of war (which remained in effect and was used for a similar purpose in Vietnam.)

However, by any objective measure, the law has failed. Thirty states of emergency are in effect today—several times more than when the act was passed. Most have been renewed for years on end. And during the 40 years the law has been in place, Congress has not met even once, let alone every six months, to vote on whether to end them.

Think for the the ‘world’s greatest democracy’ to have a complete re-think?

Agreed, either you call your congressperson or donate. No point in gabb