National Emergency Act: Thank the Democrats

Steve Petersen said:

List of national emergencies in the United States - Wikipedia

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Steve Petersen said:

Clinton: Prohibiting the Importation of Rough Diamonds From Sierra Leone (Executive Order 13194)[43]
Prohibiting New Investment in Burma (Executive Order 13047)[37]

Roosevelt: Dealt with the agriculture industry via the Cotton Control Act.[7]

Were these genuine national emergencies?

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No. Most of them aren't. Most of the post-1975 emergencies are used to impose some sort of international sanctions. Where Trump ratchets things up is in using these powers for appropriations normally handled by congress.

hislegacy said:

Snicker snicker. It was Jimmy Carter’s Administration

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You might want to check your calendar.

Yep, I remember.

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No, you obviously don't.

hislegacy said:

It is whatever you want it to be.

Regardless, it is a Democratically sponsored, argued and passed item. That is plain.

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And all those Republicans who voted for it? What of them?

Oh, forgot to do as the OP wanted. Thank you Democrats for passing a logical act. As a Republican I'm sorry that somebody who was a Democrat, then an Independent, now is currently a Republican has abused it on account of dealing his way into a loser of a deal & crying emergency on account of that.

Go Braves said:

Oh, forgot to do as the OP wanted. Thank you Democrats for passing a logical act. As a Republican I'm sorry that somebody who was a Democrat, then an Independent, now is currently a Republican has abused it on account of dealing his way into a loser of a deal & crying emergency on account of that.

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Don't forget that he went golfing shortly after he declared the national emergency or the fact that he said he didn't need to declare the emergency. He said he just wanted to get the wall built faster.

Pavel Mosko said:

It's very hypocritical for the Dems to whine on this considering what they did with Obamacare 8 or so years ago. That was a huge, costly and sweeping piece of legislation passed with Reconciliation and not the usual constitutional process! It far exceeded other uses of that procedure that had been done by Republicans like opening up Alaska drilling and giving out tax breaks. And by far, I believe the figure is something like a thousand times more money involved compared to the two uses of it used by republicans for add on projects. It kind of reminds me of that saying Christ spoke about the Pharisees "of them staining at gnats but swallowing camels".

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But it wasn’t passed by reconciliation.

Steve Petersen said:

Do you know the President's legal basis for invoking it? No one does, because he hasn't stated it yet. It has also not been adjudicated.

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Toddlers don’t have “legal basis” for doing things.

Steve Petersen said:

Scummy as in 'building a wall' with other funds? Thank you for your opinion.

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Scummy as in using tax dollars for something the majority of Americans, and congress, don’t support.

Steve Petersen said:

That's all you've got?

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No, it’s just one of the things I’ve got. But your OP is getting creamed here so I don’t really need to pile it on, ya know?

Shiloh Raven said:

Don't forget that he went golfing shortly after he declared the national emergency or the fact that he said he didn't need to declare the emergency. He said he just wanted to get the wall built faster.

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Yep. He sat on his butt not getting the wall built for 2 years while the Republicans were in charge of the House & Senate. Sure didn't seem to be in any hurry at all. Did little to ever fulfill his promise of making MEXICO pay for the wall.

He had the chance to get a load more money last year for his wall. He had himself a tantrum on account of how he didn't get everything he wanted, so that deal was off. Had several more chances to get more money. Donald just kept failing. Then he caused the longest shutdown in history. Doesn't want the government contractors to get backpay. What did Donald accomplish. Less than what he could have gotten prior to the shutdown. He showed he did not give one diddly dang about border security during the shutdown, since those who protect our borders weren't even getting paid. He demotivated them. Then when he didn't get his way he called a national emergency. Never much thought I'd agree with Ann Coulter but she's been 100% correct on her assessment on this. Won't post the link on account of how some folks are sensitive to any criticism, and she criticizes his supporters.

Donald doesn't care. He gets to go golfing at his resorts that've been investigated by the FBI for hiring undocumented workers.

Steve Petersen said:

Do you know the President's legal basis for invoking it? No one does, because he hasn't stated it yet. It has also not been adjudicated.

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Do you think Donald knows the legal basis for invoking it? Donald loves to brag about his dealmaking skills, but he "dealed" his way down to a fraction of what he wanted, after the longest shutdown in history. This is about Donald wanting to try to save face with his supporters, when the rest of the world is calling it a cave.

Steve Petersen said:

Do you know the President's legal basis for invoking it? No one does, because he hasn't stated it yet. It has also not been adjudicated.

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No, but I do know he has claimed he didn't need to do it this way but did so because it was expedient.

Steve Petersen said:

What will matter to the courts is the legal basis for the wall, not what the president has said about it, ala the ACA argument at the Supreme Court. Obama said the penalties were not a tax, but the SCOTUS said it was.

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Possibly. They certainly ignored what he said on immigration. What I am curious about is if anyone has legal standing to sue because he has basically done an end run around congress. It will be interesting to see if the congressional measure of disapproval plays into the courts decision. If it fails to pass the senate I can certainly see the courts taking that as a sign of congressional acquiescence.

Pavel Mosko said:

That actually applies to the Naturalization Act! Back in the post civil war era the legislators back then intended that to protect the freed slaves and native Americans born in the U.S. They never imagined that would lead to the rush for the Border to have anchor babies and to take advantage of a modern Welfare State!

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To be fair, the Know Nothing Party had fizzled out, so Congress didn't envision a world where we didn't just accept most immigrants into the country -- even if they were Catholic and "were going to change US culture."

Go Braves said:

It makes perfect sense to be able to declare a national emergency when there's actually a national emergency.

Trump is petulant on account of dealing his way down to diddly squat. He brags about his dealmaking skills nonstop, then showed how that was all bluster. On account of how he walked away with a tiny fraction of what was offered to him last year. He got a peanut, after being fully at fault for the longest shutdown in our nation's history.

As a rule of thumb, if you have to sit on your butt for 2 years while your party is in charge of everything & not declare an emergency, it's not an emergency. If you sign a deal, then declare an emergency on account of not being happy with it, it's not an emergency. If you say in front of an audience that you didn't have to do this, not an emergency. Trump said he didn't have to declare an emergency, then took a taxpayer funded recreation trip to play golf & eat omelettes in Florida. He has made it as obvious as he could that it's NOT an emergency.

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Pointless. The statute doesn’t define emergency and vests discretion to the President to decide what constitutes as an emergency.

EpiscipalMe said:

Please point out which of those was started in order to appropriate money denied the President by Congress. Or, how about an example of a national emergency declared to overturn any decision made by Congress?

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Does it matter? The applicable law doesn’t define what is or isn’t an emergency, leaving to the President the discretion to determine what is an emergency and when an emergency exists.

It's worth mentioning that the law as written had a Congressional override, which was later found illegal.