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Legal Scholars to Trump: No, You Cannot Declare Emergency to Build Wall That Public Doesn't Want and Isn't Need


#1

Legal Scholars to Trump: No, You Cannot Declare Emergency to Build Wall That Public Doesn't Want and Isn't Need

Jon Queally, staff writer

After President Donald Trump on Friday claimed he could declare a national emergency in order to assert total control over the border and use existing taxpayer money to build a wall he has repeatedly told the American public that Mexico would pay for, legal experts are pointing out that Trump has no authority under the Constitution to do any such thing.


#2

What the “public doesn’t want” is entirely irrelevant to these seditionists.


#3

Why are the Democrats opposing the wall because it is “impractical”, “isn’t needed”, “expensive” “the public doesn’t want” and the like, rather than the most important reason? Trump has made it very clear, every time he characterizes brown impoverished Spanish-speaking people seeking compassion and help as "criminals, gangsters, and “terrorists”, that the real reason for the wall is vile racism. The wall is simply racism made physically concrete- it is a monument to racism!

So, the reason for opposing the Trump Wall is that we oppose racism. Period.

Yet, I await the the Democrats caving in to the racists, and with the funding, essentially acknowledging racism as legitimate White House policy.

¡Que todos se vayan al infierno!


#4

‘The American Constitution does not contemplate such presidential unilateralism’.
That is correct. But the Patriot does and so does the NDAA, both designed to dismantle/override the US Constitution…


#5

No reading?
No reading would allow this?
Obviously Lawrence Lessig has not reviewed the reading skills of Gorsuch and Kavanaugh.
They would uphold it in a heartbeat.
After all, they “owe” Trump and the GOP for their seats on the Court.
The rule of law no longer matters.
Party over Principle every time.


#6

Great post!


#7

I love it. Great phrase.


#9

As we have now found out, there is technically no limit to the power of the POTUS. Since the days of LBJ and Nixon, the Congress has slowly abdicated it’s responsibilities to everything from social policy to war making to the executive branch.
So despite what legal scholars say, the office of the POTUS is the single most powerful and unaccountable position in the world. And now that the most powerful man in the world has been able to successfully pack the most power court in our land old school, pro oligarchy federalists, we are merely a simple skip, hop and or jump away from having a perfectly legal authoritarian government.
The paperwork is now clean. Short of a full fledged second American revolution we are about to witness the full and unchecked power of an American King. Face it, what will congress do when Trumps hand picked crony in the AGs office ignores everything that Mueller digs up and refuses to press charges? What will the house do after all their investigations and hearings bring a kings ransom of indictable offenses? Beg the AG to issue summons and arrest warrants? Please! Move to impeach? Sure, then the senate will hold a kangaroo court and a-quit the corrupt POTUS.
And even after this national nightmare of a presidency is over in November of 2020, we will still be faced with a new POTUS who, even if Democratic, will be able to do very little to reverse any horrific actions of his/her predecessor thanks to an utterly corrupt and lifetime tenured SCOTUS.


#10

Oh, good lord.

Of course they believe that their president has any authority he needs to accomplish the fascist agenda. But let a Democrat issue an executive order declaring it “National Exercise for an Hour Today” Day and they’ll be screaming for impeachment.

This is politics. This is how it works. You didn’t know that?

This tactic is right now today in use by Democratic Party leadership against the “progressive” agenda of the left wing of their own party. No difference.


#12

From the article:

“This just another one of his hair-brained schemes,” Holtzman said. “And we know, time after time, his cruel, unnecessary, horrifying policies on the border—whether its separation of children from their parents or whether it’s stopping people from coming in under the asylum laws or whether its his original total ban on Muslim immigration—all of those were shut down by the courts. So I think the reason he’s doing this now, in this way, is he’s very worried about whether he has authority and he’s trying to threaten Congress. It’s not going to work. The Democrats are not going to support a wall.”

The “hair-brained (sic) scheme” is Republican, not Trump policy. Trump has no policy, Trump has only ignorance and ego. He is building his brand and nothing more. It is because he is a moron, and has not the least interest in governing, but only in the bragging rights, that the Republicans have chosen to use this opportunity to force fascism on us. He is not only willing, he really thinks he is in charge and all this evil is of his own infallible doing. People like Pence are playing him like a fiddle, and he’s too dense to know it.


#13

This little legal wake up call for Trump was great, however, he’s in desperate need of a real beat down.


#14

Seeming foolish?

Oh yeah, nothing up till this episode even came close to making the Donald seem foolish.


#15

If Rudy Giuliani had done his job when he was United States Attorney for the Southern District of New York in 1983-89 and prosecuted the Drümph Crime Family for their many misdeeds, Tweetle-Dumb — and several of his cronies — would have been in prison for the past 30 years.   I imagine that Drümph has proof that Giuliani accepted payoffs to let him off the hook, which also accounts for Rudy’s many wacko statements in defense of his current owner — an obviously wacko Presidunce of the Untied States.


#16

The national emergency idea is more a GOP construct than a Trump idea. Prompting Trump to test the national emergency strategy on his wall fetish, the GOP’s end game is for Trump to declare a national emergency in 2020 to suspend the POTUS election so the GOP can complete their coup.


#17

Meanwhile…from The Washington Post:

Food stamps for 38 million low-income Americans would face severe reductions and more than $140 billion in tax refunds are at risk of being frozen or delayed if the government shutdown stretches into February, widespread disruptions that threaten to hurt the economy.

The SNAP program is rare among federal initiatives because it requires annual funding from Congress, even though its existence is automatically renewed.

Congress has not allocated funding for SNAP beyond January, and the program’s emergency reserves would not cover even two-thirds of February’s payments, according to past disbursements. Last September, the most recent month for which data is available, SNAP disbursed $4.7 billion in benefits to recipients across every U.S. state.

Lawmakers last year appropriated $3 billion into a “contingency” fund for SNAP. USDA officials would not comment on the status of the $3 billion, but if all of that money is still available, it would cover just 64 percent of February’s obligations.

Looks like “air pudding”–not even cake–for the poor. This is not tolerable.


#18

You seem to be assuming that Trump will not get another term. Look how shitty the Democrats are and you will understand why Trump being a two term president is a very real possibility.


#19

I would think that they have plenty dirt on each other, and collectively. I would bet that Rudi, isn’t the stellar citizen and staunch defender of honesty that he likes to portray. The way that he constantly pimps for Trump and distorts facts and changes the story line suggest that there is much to hide,. They truly believe that they are above the law.


#20

And another thing. Why aren’t sociologists studying the way, over the pat 2 years, the whole axis of the irrational xenophobic fear and racism of USAns abruptly shifted from Arabs to Latin Americans?


#21

Good point.


#22

Yeah - it was a rhetorical question - we all know the reason why US popular opinion is so malleable at the hands of economically and politically powerful forces…