The "national emergency" in the context of Constitutional Governance

[DOLOOP]

@NebraskaFootball

@DOLOOP

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.

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.

So do I. I really, really hope I’m wrong. I really hope my first impression was right, that Roberts will beat Trump down epically.

[NebraskaFootball]

@DOLOOP

@NebraskaFootball

@DOLOOP

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.

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.

So do I. I really, really hope I’m wrong. I really hope my first impression was right, that Roberts will beat Trump down epically.

It would be s nice if this didn’t even have to go through the legal channel at all, and the spineless wonders in the GOP would grow a set and defend their Constitutionally provided power by declaring this emergency null and void through a veto-proof JR. But the GOP has proven itself too corrupt and weak to ever take an actual stand against the man who took over their party. Cowards. The lot of them.

[DOLOOP]

@NebraskaFootball

@DOLOOP

@NebraskaFootball

@DOLOOP

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.

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.

So do I. I really, really hope I’m wrong. I really hope my first impression was right, that Roberts will beat Trump down epically.

It would be s nice if this didn’t even have to go through the legal channel at all, and the spineless wonders in the GOP would grow a set and defend their Constitutionally provided power by declaring this emergency null and void through a veto-proof JR. But the GOP has proven itself too corrupt and weak to ever take an actual stand against the man who took over their party. Cowards. The lot of them.

Indeed. That’s partly why I’m not feeling the warm and fuzzies about the court. What’s the value in Roberts sticking his neck against his partisan allies to help somebody in the form of McConnell who absolutely refuses to help his own institution?

And why is McConnell abdicating Congress’ prerogatives, even obligations, so readily?

What the hell, I wonder, was on that RNC server?

[NebraskaFootball]

@DOLOOP

Indeed. That’s partly why I’m not feeling the warm and fuzzies about the court. What’s the value in Roberts sticking his neck against his partisan allies to help somebody in the form of McConnell who absolutely refuses to help his own institution?

And why is McConnell abdicating Congress’ prerogatives, even obligations, so readily?

What the hell, I wonder, was on that RNC server?

I want to hope and believe that Roberts cares more about the Constitution than some obedience to a partisan ideology. And certainly more so than an alliance to a party that would so readily abdicate their Legislative responsibilities for some demagogue who feels the pressure from a failed campaign promise. He has to have more integrity than that, doesn’t he?

As for McConnell, he is likely the single greatest partisan to ever hold the Leadership position. For him, he does not care about the institution of the Senate. Not in the least. He cares about partisan power and nothing more.

As for the RNC servers, I also wonder that same thing. Strange times. Scary times really.

[JayJay]

DACA was absolutely overreach on Obama’s part. I said so at the time and hoped Congress would make law.

Time to stop supporting an Imperial Presidency.

[WuWei]

Great post. I take exception to a couple of items.

@Safiel

(and later directly by the people)

Never the intent. Congress does not function the way it was intended and the Senate does not function at all.

The Executive branch has usurped power because the Legislative branch has abdicated responsibility.

You speak of founders’ intent; a political class included? Did they intend a central government like we have now? Among other things.

Some did. Many didn’t. All of what the so called “Anti-federalists” warned us about has come true and we are living the inevitable result.

We are not being represented, we are being ruled.

Having said that, I agree with you about Trump’s “work around.” And it is an escalation. So too, will be the next one.

We have exactly the government we deserve.

[DOLOOP]

@NebraskaFootball

@DOLOOP

Indeed. That’s partly why I’m not feeling the warm and fuzzies about the court. What’s the value in Roberts sticking his neck against his partisan allies to help somebody in the form of McConnell who absolutely refuses to help his own institution?

And why is McConnell abdicating Congress’ prerogatives, even obligations, so readily?

What the hell, I wonder, was on that RNC server?

I want to hope and believe that Roberts cares more about the Constitution than some obedience to a partisan ideology. And certainly more so than an alliance to a party that would so readily abdicate their Legislative responsibilities for some demagogue who feels the pressure from a failed campaign promise. He has to have more integrity than that, doesn’t he?

As for McConnell, he is likely the single greatest partisan to ever hold the Leadership position. For him, he does not care about the institution of the Senate. Not in the least. He cares about partisan power and nothing more.

As for the RNC servers, I also wonder that same thing. Strange times. Scary times really.

Your point about Roberts caring more about the Constitution than obedience to partisan ideology gives me hope. There is great evidence that he has the will to do just that. There is tremendous inertia, even resistance, that must be overcome, however, not the least of it coming from the very institution he’d be asked to protect.

I am alternately hopeful and concerned.

[WuWei]

I agree. It is also time to address legislative branch incompetence.

[NebraskaFootball]

@DOLOOP

@NebraskaFootball

@DOLOOP

Indeed. That’s partly why I’m not feeling the warm and fuzzies about the court. What’s the value in Roberts sticking his neck against his partisan allies to help somebody in the form of McConnell who absolutely refuses to help his own institution?

And why is McConnell abdicating Congress’ prerogatives, even obligations, so readily?

What the hell, I wonder, was on that RNC server?

I want to hope and believe that Roberts cares more about the Constitution than some obedience to a partisan ideology. And certainly more so than an alliance to a party that would so readily abdicate their Legislative responsibilities for some demagogue who feels the pressure from a failed campaign promise. He has to have more integrity than that, doesn’t he?

As for McConnell, he is likely the single greatest partisan to ever hold the Leadership position. For him, he does not care about the institution of the Senate. Not in the least. He cares about partisan power and nothing more.

As for the RNC servers, I also wonder that same thing. Strange times. Scary times really.

Your point about Roberts caring more about the Constitution than obedience to partisan ideology gives me hope. There is great evidence that he has the will to do just that. There is tremendous inertia, even resistance, that must be overcome, however, not the least of it coming from the very institution he’d be asked to protect.

I am alternately hopeful and concerned.

I’m in complete agreement as well. It’s terrifying the path we are currently on and have been on in regards to Executive overreach for decades now.

[WuWei]

@NebraskaFootball

I want to hope and believe that Roberts cares more about the Constitution than some obedience to a partisan ideology.

It’s a tax!

[WorldWatcher]

@Smyrna

@NebraskaFootball

I’m sorry to hear about your pup. I hope he is okay. That’s rough man.

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.

Glad to hear.

Our Aussie had to wear one after knee surgery. Give plenty of good scratches and bellyr rubs - if you can - when you can cause it’s hard for a dog to scratch with one of those damn things on. LOL
.
.
.
.>>>>

[WorldWatcher]

.>
.
.
@Safiel

What are the chances of the Courts (i.e. SCOTUS) not addressing the question and dismissing the case (ultimately after appeals to the SCOTUS) citing Political Question Doctrine?

Basically throwing their hands up and saying “Congress you delegated to much power in 1976, now it’s between you and the Executive branch to come up with a solution”.
.
.
.
.^^^^

[WuWei]

Interesting question. While you wait: None. Because it’s Trump.

[madasheck]

@Smyrna

@NebraskaFootball

So do you disagree with the National Emergency declaration? Because of the potential ramifications this could have down the road with someone in office you disagree with politically?

I want this action determined by a court other than the 9th Circuit to determine whether the President is with in the powers of the Executive Branch.

Why not the 9th Circuit? They have legal authority in this case. Should only courts that would make rulings that would go in one direction be allowed to hear the case?

[Phaedrus]

@WuWei

I agree. It is also time to address legislative branch incompetence.

Getting voter turnout WELL above 50% would help a lot.

[vaard]

this board is better by having Safiel post here…

[peek-a-boo]

You’ve provided an historical perspective regarding your opinion about the intent that congress reign supreme. You fail to articulate how Trump’s declaration is unconstitutional within the context of the National Emergencies Act. The authority to declare a national emergency was granted by congress and there are provisions to divert funds within the context of that declaration.

How is any of that unconstitutional???

[WorldWatcher]

.>

Remember Garland, McConnell said the will of the people should be honored. Well the people showed their will and give the House to the DEMs to not fund Trumps “Mission Accomplished” wall.

The intent of the National Emergencies Act was to give the President flexibility to deal with real emergencies.

The fact that Congress won’t fund his pet project is not a real emergency. To invoke the National Emergencies Act as a means to bypass the Article I, Section 9, Clause 7 responsibilities of Congress may be unconstitutional.

.>>>>

[peek-a-boo]

The National Emergencies Act doesn’t dictate what a President can and can’t call a national emergency. The act does provide relief to Congress to vote against the President if they don’t agree with him.

So once again, how exactly is Trump breaking the law? What exactly is unconstitutional about Trump’s action???

[CaughtInTheMiddle]

I am counting the days until a democratic president declares a national emergency due to climate change. Then we can start helping future generations clean up this mess we created.