The "national emergency" in the context of Constitutional Governance

The 9th has equal stature with every other circuit.

Every one who follows politics knows

Dem president eo, 5th circuit

Rep President eo, 9th circuit

Allan

PS- I agree with the Chief Justice, there are no Obama judges or Mexican judges, just federal judges trying and mostly succeeding in delivering constitution opinions.

And again, the National Emergencies Act was to allow the President to act in - well you know - I national emergency.

Congress who by the Constitution holds the Power of the Purse under Article I told him “no”. He is now attempting to bypass Congresses authority - such may be found unconstitutional.

(Just so ya know, repeated the question once it’s been answered.)
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Well, @peek-a-boo at is the federal question that all the circuits hearing the cases regarding this matter. Whether a national emergency declaration can divert funds that congress appropriated to one thing can be diverted by the President by issuing a national emergency?

It’s never been done before so you know it’s going to SCOTUS, better hope that Ginsberg dies before the case is heard becuase I have a bad feeling that Roberts will rule against the president and his emergency declaration being able to divert congressional appropriated funds for the emergency.

The emergency declaration. Constitutional
The diverting of funds. Unconstitional.

Allan

Term limits for consecutive terms.

Who decides a “real” emergency?

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I’d be good with that too.

Damn, I was hoping you’d bite on my voter turnout troll. :grin:

Hell even Trump didn’t think it was much of an emergency. Right after signing it, in the rose garden press conference, said he didn’t have to do a National Emergency, he only did it because he wanted to do it fast. (You know so he could talk about it during his reelection campaign.)

The Legislative Branch since they are the ones that passed the National Emergencies Act of 1976 which Trump is using to try to bypass Congress.
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They did pass it. Who decides?

#1 Congress through a concurrent resolution.

#2 The SCOTUS if challenged in court as an unconstitutional attempt to bypass Congresses Article I powers of appropriations.
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And again, the Act doesn’t say what is and what isn’t an emergency.

Congress didn’t tell Trump no. They simply provided 1.47B dollars funding in this budget cycle.

There are other drug enforcement related monies that he can legally use.

You’ve lost me. :confused:

The defense funds Trump is targeting can be diverted for construction projects when a national a national emergency has been declared. The Secretary of Defense gets the final say.

You’ve got to know that some of the best legal minds have been working this for months. This isn’t something Trump just cooked up out of thin air.

A district judge in Hawaii.

Yep! If Congress disagrees they can vote to deny Trump his special emergency; which Trump can then promptly veto.

That’s how it is supposed to work.

But have no fear. Some LW radical district judge in Hawaii knows better and will make the decision.

Actually…it does.

Feel free to show me the specific statute which determines what does and doesn’t constitute a national emergency.

Who decides what is a national emergency?

Which means the Dems agree the border is a big enough problem to throw $1B at it while the debt is rising. Mmmmmmm

The budget resolution doesn’t address anything other than the 1.47B dollars for wall funding. It doesn’t address anything else related to Trump’s actions.

Declaring a national emergency is not unconstitutional in any way shape or form.

The problem isn’t just the declaration of a national emergency. However, using the declaration of a national emergency in order to redirect funds is the issue.

Never said it was.

He didn’t just declare and emergency - then turn around and say he really didn’t need to anyway - what may be unconstitutional is trying to do an end run around Congresses appropriations authority.

Declaring an emergency and misuse of appropriations are two differing things.
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