National Emergency Act: Thank the Democrats

[EpiscipalMe]

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.

Yes it matters. It exposes the false equivalency of comparing this “emergency” to prior emergencies.

 

[NotreDame]

Yes it matters. It exposes the false equivalency of comparing this “emergency” to prior emergencies.

So what! The prior emergencies were emergencies because the prior Presidents said so. The prior emergencies are parallel precisely and exactly because they are all based on the President saying an emergency exists under the applicable law.

Tell me, how exactly is Trump’s declared emergency not an emergency like it’s predecessors under the applicable law?

 

[EpiscipalMe]

So what! The prior emergencies were emergencies because the prior Presidents said so. The prior emergencies are parallel precisely and exactly because they are all based on the President saying an emergency exists under the applicable law.

Tell me, how exactly is Trump’s declared emergency not an emergency like it’s predecessors under the applicable law?

I didn’t say it wasn’t applicable under law - I said it is different than other emergencies in that he is using the emergency powers to overturn a decision made by the legislature vis-a-vis funding.

Article 1 delegates all funding decisions to Congress, raising the question of if it is Constitutional to use the emergency powers act in this way.

Also, even if it is legal, it isn’t the same as what past presidents have done (or even what Trump has done prior to this). We need to be honest about these differences.

 

[NotreDame]

I didn’t say it wasn’t applicable under law -

Article 1 delegates all funding decisions to Congress, raising the question of if it is Constitutional to use the emergency powers act in this way.

Also, even if it is legal,f We need to be honest about these differences.

I said it is different than other emergencies in that he is using the emergency powers to overturn a decision made by the legislature vis-a-vis funding.

So what? Trump’s emergency is every bit an emergency as the prior emergencies declared under the law.

Article 1 delegates all funding decisions to Congress, raising the question of if it is Constitutional to use the emergency powers act in this way.

Congress vested to the President the authority to “use the emergency powers act in this way.” Congress exercised its constitutional law making powers in passing the very law Trump has invoked, and that includes allowing the President to decide when an emergency exists.

it isn’t the same as what past presidents have done (or even what Trump has done prior to this).

So what. I can point to a plethora of differences among the various emergencies declared in the past by prior Presidents. They have differences, they’re also the same in at least one important, all of them were emergencies because the President said so.

 

[Ringo84]

Previous emergencies were not challenged legally or in Congress because the fact that there was an emergency could be easily seen. There is plainly no "emergency" at the border and Donny even admitted that he "didn't have to do this", so Congress has the 'absolute right' to curb this "emergency" and control where the money goes.

This is the reason we say that we have coequal branches of government: to prevent the ship of state being steered on the precarious and petty whims of an angry old man who is the color of a snack food.
Ringo

 

[Shiloh Raven]

Previous emergencies were not challenged legally or in Congress because the fact that there was an emergency could be easily seen. There is plainly no "emergency" at the border and Donny even admitted that he "didn't have to do this", so Congress has the 'absolute right' to curb this "emergency" and control where the money goes.

This is the reason we say that we have coequal branches of government: to prevent the ship of state being steered on the precarious and petty whims of an angry old man who is the color of a snack food.
Ringo

He went to play golf shortly after he declared the national emergency too.

 

[Steve Petersen]

He went to play golf shortly after he declared the national emergency too.

Yeah, well, this: Obama criticized for golfing while Louisiana grapples with deadly flooding

 

[Go Braves]

Yeah, well, this: Obama criticized for golfing while Louisiana grapples with deadly flooding

All the more reason folks ought to be disgusted by Donald hopping on a jet, flying down to one of his resorts that hires immigrant workers despite him saying that doing that is harmful to our country. Donald slammed President Obama all the time for golfing, promised that if he was elected he wouldn't have the time to golf. Yet he's golfed far more often than President Obama did.

From your source
President Obama is facing a backlash for continuing his annual Martha’s Vineyard vacation

President Obama didn't hop on a jet & fly there like Donald did after declaring a national emergency. It was his annual vacation, not a weekend ritual.

 

[wing2000]

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.

I don't....nor do I think he will. In fact, does the law even require him to provide a legal basis?

 

[NotreDame]

Previous emergencies were not challenged legally or in Congress because the fact that there was an emergency could be easily seen. There is plainly no "emergency" at the border and Donny even admitted that he "didn't have to do this", so Congress has the 'absolute right' to curb this "emergency" and control where the money goes.

This is the reason we say that we have coequal branches of government: to prevent the ship of state being steered on the precarious and petty whims of an angry old man who is the color of a snack food.
Ringo

Previous emergencies were not challenged legally or in Congress because the fact that there was an emergency could be easily seen

That’s speculative.

There is plainly no "emergency" at the border and Donny even admitted that he "didn't have to do this", so Congress has the 'absolute right' to curb this "emergency" and control where the money goes.

Congress should, pursuant to its statutory authority, pass legislation asserting no emergency exists and end Trump’s declaration.

 

[Steve Petersen]

I don't....nor do I think he will. In fact, does the law even require him to provide a legal basis?

Yes it does. I posted a link about it in an earlier post.