Can Trump assume emergency powers to deal with the invasion at our southern border?

johnwk2 · February 16, 2019, 7:47pm

Yes. ongoing invasion!

Also see

The fact is, even the citizens of Tijuana call it an invasion!

JWK

sikofit · February 16, 2019, 8:40pm

All 3 of your links deal with the situation in Mexico and not the US

Samson_Corwell · February 16, 2019, 10:09pm

What do these “emergency powers” allow a president to do? I saw a liberal warning Republicans that a Democrat president could use them to seize guns, but are they really that broad (Second Amendment not withstanding)?

Samson_Corwell · February 16, 2019, 10:11pm

johnwk2:

I think it is time to clear the air and answer a fundamental question. Can President Trump, in view of the ongoing invasion at our southern border, declare an emergency and instruct our military to repel the invasion?

While the Posse Comitatus Act of 1878 forbids the use of U.S. troops inside the United States, the President can declare an emergency and use federal troops to enforce the law and protect our borders. See: Martin v. Mott, 25 U.S. 12 Wheat. 19 19 (1827)

“The power thus confided by Congress to the President, is, doubtless, of a very high and delicate nature. A free people are naturally jealous of the exercise of military power; and the power to call the militia into actual service is certainly felt to be one of no ordinary magnitude. But it is not a power which can be executed without a correspondent responsibility. It is, in its terms, a limited power, confined to cases of actual invasion, or of imminent danger of invasion. If it be a limited power, the question arises, by whom is the exigency to be judged of and decided? Is the President the sole and exclusive judge whether the exigency has arisen, or is it to be considered as an open question, upon which every officer to whom the orders of the [25 U.S. 19, 30] President are addressed, may decide for himself, and equally open to be contested by every militia-man who shall refuse to obey the orders of the President? We are all of opinion, that the authority to decide whether the exigency has arisen, belongs exclusively to the President, and that his decision is conclusive upon all other persons. We think that this construction necessarily results from the nature of the power itself, and from the manifest object contemplated by the act of Congress. The power itself is to be exercised upon sudden emergencies, upon great occasions of state, and under circumstances which may be vital to the existence of the Union.”

JWK

President Trump, by the terms of our Constitution, is empowered “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions”.

Ye of flexible legalism.

Konssurvative1 · February 17, 2019, 1:31am

NebraskaFootball · February 18, 2019, 11:36am

So @johnwk2 it appears I’m not the only Constitutionalist on this board that disagrees with you on this one. How do you respond to Safiel’s OP that succinctly challenges your position of supporting an unchecked Executive Branch circumventing the Constitution to steal the power of the purse from Congress?

johnwk2 · February 18, 2019, 2:08pm

And here they are bum rushing the border of the united states:

and here they are crawling under the fence at the United States border:

and here they are climbing over the fence at the U.S. border:

What is your point?

We need a properly built barrier which will stop illegal border crossings.

JWK

The Democrat and Republican Leadership have conspired, for 35 years, to keep the border opened, and today’s Bill continues to allow and encourage illegal border crossings.

wonderingrover · February 18, 2019, 2:11pm

Nothing says “we need to build a wall” like a picture of a bunch of people climbing over a wall.

BlueTex · February 18, 2019, 2:13pm

And tunneling under…

johnwk2 · February 18, 2019, 2:14pm

wonderingrover:

johnwk2:

sikofit:

johnwk2:

Yes. ongoing invasion!

All 3 of your links deal with the situation in Mexico and not the US

And here they are bum rushing the border of the united states:

https://youtu.be/OnC1gs6nEow?t=4

and here they are crawling under the fence at the United States border:

https://youtu.be/COC_mqnCEQc?t=4

and here they are climbing over the fence at the U.S. border:

https://youtu.be/VlNCFvpPerw?t=10

What is your point?

We need a properly built barrier which will stop illegal border crossings.

JWK

The Democrat and Republican Leadership have conspired, for 35 years, to keep the border opened, and today’s Bill continues to allow and encourage illegal border crossings.

Nothing says “we need to build a wall” like a picture of a bunch of people climbing over a wall.

What the pictures indicate is, those walls were never intended to really stop illegal border crossings.

JWK

The Democrat and Republican Leadership have conspired, for 35 years, to keep the border opened, and today’s Bill continues to allow and encourage illegal border crossings.

wonderingrover · February 18, 2019, 2:15pm

johnwk2:

wonderingrover:

johnwk2:

sikofit:

johnwk2:

Yes. ongoing invasion!

All 3 of your links deal with the situation in Mexico and not the US

And here they are bum rushing the border of the united states:

https://youtu.be/OnC1gs6nEow?t=4

and here they are crawling under the fence at the United States border:

https://youtu.be/COC_mqnCEQc?t=4

and here they are climbing over the fence at the U.S. border:

https://youtu.be/VlNCFvpPerw?t=10

What is your point?

We need a properly built barrier which will stop illegal border crossings.

JWK

The Democrat and Republican Leadership have conspired, for 35 years, to keep the border opened, and today’s Bill continues to allow and encourage illegal border crossings.

Nothing says “we need to build a wall” like a picture of a bunch of people climbing over a wall.

What the pictures indicate is, those walls were never intended to really stop illegal border crossings.

JWK

The Democrat and Republican Leadership have conspired, for 35 years, to keep the border opened, and today’s Bill continues to allow and encourage illegal border crossings.

Well, at least we’re finally getting an admission that walls won’t stop people from crossing. That’s progress I think.

johnwk2 · February 18, 2019, 2:21pm

wonderingrover:

johnwk2:

wonderingrover:

johnwk2:

sikofit:

johnwk2:

Yes. ongoing invasion!

All 3 of your links deal with the situation in Mexico and not the US

And here they are bum rushing the border of the united states:

https://youtu.be/OnC1gs6nEow?t=4

and here they are crawling under the fence at the United States border:

https://youtu.be/COC_mqnCEQc?t=4

and here they are climbing over the fence at the U.S. border:

https://youtu.be/VlNCFvpPerw?t=10

What is your point?

We need a properly built barrier which will stop illegal border crossings.

JWK

The Democrat and Republican Leadership have conspired, for 35 years, to keep the border opened, and today’s Bill continues to allow and encourage illegal border crossings.

Nothing says “we need to build a wall” like a picture of a bunch of people climbing over a wall.

What the pictures indicate is, those walls were never intended to really stop illegal border crossings.

JWK

The Democrat and Republican Leadership have conspired, for 35 years, to keep the border opened, and today’s Bill continues to allow and encourage illegal border crossings.

Well, at least we’re finally getting an admission that walls won’t stop people from crossing. That’s progress I think.

What we are finally realizing is, those walls were never intended to actually stop illegal border crossings.

JWK

The Democrat and Republican Leadership have conspired, for 35 years, to keep the border opened, and today’s Bill continues to allow and encourage illegal border crossings.

dantes · February 18, 2019, 2:22pm

No barrier is ever intended to stop crossings.

They are delay devices only. Everyone knows this.

NebraskaFootball · February 18, 2019, 2:25pm

@johnwk2 Are you going to weigh in on Safiel’s post or ignore it? He is arguably the best poster we have here when it comes to Judicial and Constitutional matters. What do you say in response to his take?

BlueTex · February 18, 2019, 2:27pm

This is a screenshot from the third video you posted…

Looks like we are already strengthening that portion of the border… I think we can assume those companies constructing this have made sure there is funding for this construction. Now why do we need a national emergency?

johnwk2 · February 18, 2019, 2:39pm

And I’m sure if you ask Safiel, he will tell you under the 1976 national emergencies act the president can shift existing money already appropriated.

JWK

The Democrat and Republican Leadership have conspired, for 35 years, to keep the border opened, and today’s Bill continues to allow and encourage illegal border crossings.

BlueTex · February 18, 2019, 2:45pm

There are cameras everywhere… These people caught the staging of these videos…You have to watch this… fake news…

https://www.facebook.com/PalomaForTrump/videos/295213087793083/?id=100008575693873

NebraskaFootball · February 18, 2019, 2:47pm

Show us where the NEA authorizes the President to become a king that can usurp the powers of the purse from the Congress.

I’m shocked frankly, that you are actually advocating for the Executive Branch to have powers that far exceed anything the Founders ever intended. You are advocating for the President to have the authority to declare any emergency they personally deem to be, and this declaration gives them the ability to override the will of Congress and become a unilateral, singular power without any checks on them by the rest of government.

But let’s ask @Safiel per your suggestion. Does the NEA allow the President to appoint himself as an unchecked super-power over the United States Government, including taking the power of appropriations away from the Legislative Branch? In your understanding of the act?

johnwk2 · February 18, 2019, 2:59pm

The Act allows the president to re-direct some specifically allocated funds.

JWK

BlueTex · February 18, 2019, 3:01pm

And just think @johnwk2 the courts will be deciding how accurate your legal prognostications are real soon… First lawsuit has already been filed…