The "national emergency" in the context of Constitutional Governance

Perhaps. But there are still some who have stayed remarkably consistent. Safiel, World Watcher, konnservative1, wonderingrover, etc., to name a few.

But there are others who have preached Originalist principles for years here, who now take a different approach on this one issue. If there is one thing Trump has done, it is to have exposed some people for their true selves.

I never got as specific as what you’re indicating. I’m simply telling you plainly what I see in my crystal ball…if this decision is made by the 9th vs any other court…cept Judge Hawaii…the ire of many with in this nation, on both sides of the aisle, will rise and be further exacerbated from where “we” are now.

Yeah…it was like that when the potus seat switched from bush to Obama…they will attempt this angle again when a dem reaches office…they have always been manipulative frauds.

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Why haven’t you researched it already? Out of curiosity. It seems like such an important issue to you so it would seem you’d be very well informed on one of your most important positions.

I agree with the OP. This thing is bigger than Trump and bigger than the wall. The executive has been grabbing more and more power to itself over the past several years (and, it could probably be argued that it has been decades). This event shows that it is high time that Congress and / or the courts move to correct this and return to a more constitutional state of things where Congress brings more of it’s constitutional powers back to itself. I’d say at this point the courts will need to act on this via the lawsuits that are already springing up.

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My guess is time…

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I’m working car auctions right now. I’ve made huge changes in my corporate structure at the beginning of the year and the next generation…needs me. I went hunting on Saturday with my bird dog who impaled himself on a cedar branch of a fallen tree. He’s in the hospital, had surgery and I’ll pick him up later this afternoon. One could say…I’m a bz guy.

Nailed it

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#1 I don’t know who Judge Hawaii is.

#2 There are many on both sides of the isle that disagree with Trump assuming powers to override Article I Section 8 of the United States Constitution that specifically assigns the “Power of the Purse” to Congress.

#3 Why would the Libs be upset, they voted in a House majority of DEMs specifically to put a stop to Trumps plans for a campaign promise “Mission Accomplished” wall. Remember Garland and McConnell saying that elections have consequences and that the people should get to decide? Well that is what the people decided when they took the GOP majority away from Trump in the House.
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“Rather than responding to an emergency requiring immediate action, the Declaration seeks to address a long-running disagreement between the President and Congress about whether to build a wall along the southwestern border and Congress’s refusal to appropriate funds for that purpose. However, under
our Constitution, built on the principle of separation of powers, a disagreement between the President and Congress about how to spend money does not constitute an emergency authorizing unilateral executive action.”

Actually the first suit looks like it was already filed in the DC District Court. Doesn’t mean other suits cannot be filed in there respective State Federal Districts.

The above, from the opening paragraph sums it up nicely. Congress refusing to fund a political campaign promise does not constitute an emergency, especially (IMHO) since Congress has repeatedly put forth legislation to address illegal immigration and border security deals that were reached in the Congress - and the President torpedoed.
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I’m sorry to hear about your pup. I hope he is okay. That’s rough man.

I would hold that the President has no power of the purse at any time, under any rational. Congress cannot legitimately give away that power to the President.

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Actually, the 9th Circuit is likely where this will end up first.

California will likely file a lawsuit on Tuesday (courts are closed today for President’s day) in the Southern District of California. Of course, that court appeals to the Ninth Circuit.

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I am starting to wonder what the court will do. At first I thought Roberts would make sure he had enough votes on his side to smack down Trump on this.

But I’m wondering. Wondering if the Roberts court will give the Congress the rope to hang themselves. There is a legal principle regarding some rights that, if the holder of the right does not defend it, the holder is subject to lose it, as in copyright and trademark.

At what point does the court throw up its hands and say to hell with it, Congress has not only the right, but the power in this case to defend the right, and it refuses to exercise it. Too bad, so sad.

For sure it would be irresponsible to future generations, but if Republicans are that invested in enabling Trump, maybe the institution of the court doesn’t want to fight Congress’ battle for itself when Congress has the weapon at hand to do so.

Nice OP. I’m not too sure the Supreme Court will stop it. I’d like to think so, though, given that decisions like these aren’t always predictable. We can only hope.

I just picked him up and now he’s walking around with a clear, cylindrical guard around his neck to keep him from licking his wounds. He’s going to be ok my friend and thank you.

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That’s great news. I’m glad to hear it!!

Do you say the same thing about DACA? What amazes me are all the people on the left that cheered and supported what obama did with his pen and his phone that are now screaming because trump is doing the same thing and trying to go around congress.
It’s pretty clear that they don’t care if something is constitutional or not as long as it’s their guy doing it.
I have always thought that what obama did was wrong. And what trump is doing is wrong. And that when the cases get to the SC that they would get slapped down hard. But when DACA got to the SC the vote was 4 to 4.And that goes to show just how far gone our court system and government is. They don’t look to the constitution any more it’s all about getting their own way.
If any one thinks that DACA was done because Obama really cared is not facing reality. It was done for votes. If any thinks what trump is doing is because he cares is not facing reality. He’s doing it for the votes.
The courts were suppose to be the last line of defense for the constitution but that is not the case any more. All you have to do is see where each side runs to get the verdict they want. And the SC has gotten the same way. I know this because of the last two fights to get a member on the court.

I hope you are wrong here. The USSC needs to smack this down and smack it down hard due to how unconstitutional it is. We cannot have this become precedent. The Legislative Branch has already given up so much of their power to the Executive over the years. Allowing a President to declare the powers of a king when they don’t get their way is not the right decision for the nation. This could have such far-reaching implications for all of our liberty.

I’m as lib as most libs here, and I’ll say it: DACA was absolutely overreach. It would have been a good law IMO, but Congress makes laws.