Posted on Jan 11, 2019
FOX NEWS FIRST: Trump mulls 'right' to declare emergency at border; Questions surround missing...
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I don't question the right of POTUS to declare a national emergency, in general. However, I think that to do so with the sole intent of diverting funds he couldn't get from Congress is simply a way to bypass the role of Congress as the holder of the purse strings.
Successfully using this tactic to build a border wall, unfunded by Congress, would pave the way for future Presidents to fund ANY pet project via "national emergency." If that is the case, what role does Congress play in approval for funding of anything? Perhaps the next Democrat President could declare a national emergency to buy up all ammunition and prevent the import or manufacture of any more in order to stop the "gun-death crisis." If Congress doesn't act on this, or if the judiciary doesn't stop it, the Executive branch will have effectively removed Congress as a co-equal branch of government.
Using "national emergency" powers to fund campaign pet projects is a bad idea.
Successfully using this tactic to build a border wall, unfunded by Congress, would pave the way for future Presidents to fund ANY pet project via "national emergency." If that is the case, what role does Congress play in approval for funding of anything? Perhaps the next Democrat President could declare a national emergency to buy up all ammunition and prevent the import or manufacture of any more in order to stop the "gun-death crisis." If Congress doesn't act on this, or if the judiciary doesn't stop it, the Executive branch will have effectively removed Congress as a co-equal branch of government.
Using "national emergency" powers to fund campaign pet projects is a bad idea.
FOX NEWS FIRST: Trump mulls 'right' to declare emergency at border; Questions surround missing...
Posted from foxnews.com
Donald Trump
Congress
Immigration
Posted >1 y ago
Responses: 9
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You are correct. It is fundamentally the same strategy that we complained of when President Obama used "his pen and his phone". No. President Obama didn't invent it. Virtually every President has been "tempted" or actually attempted to circumvent Congress (Woodrow Wilson institutionalized the concept) but, as my mother oft reminded me, just because everyone else is doing it doesn't make it right...
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CPT Jack Durish
MAJ Bryan Zeski - There's plenty, the important stuff, that we agree on. All else is just commentary
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If it's an emergency, it's an emergency; if he says he'll declare an emergency as a form of ultimatum, it's clearly not an emergency. He's simply trampling the Constitution here.
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MAJ Bryan Zeski
LCDR (Join to see) Not that I may not agree with you - but keep your head on a swivel. There are some Article 88 agents on RP looking to hem AD members up for speaking ill of POTUS. I know where my line is, just make sure you know where yours is. Watch out for "friendly" fire.
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LCDR (Join to see)
I'm aware of case law involving Article 88, and I'm quite aware that I'm allowed to disagree with political actions, even vehemently. I'm not allowed to denigrate him personally, but we're very much allowed to disagree openly with his politics. If someone wants to try to crush me for caring about the Constitution I swore to defend, I'll happily defend myself at court-martial.
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SFC Joseph Weber
I think the emergency is he can't cut a deal to get his wall he promised, not actually anything going on at the border.
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Dangerous precedents are being set or contemplated by our elected politician's at break neck pace. They do not stop to think about what happens when "we're not the one in the driver's seat."
_Senate rule changes to eliminate the need for overwhelming consensus in favor of simple majority
_Failure to pass budgets and instead relying on continuing resolutions
_Impeachment as recall
_Failure to hold confirmation hearings because, its "too close" to the election, when it clearly was not.
_Jurisdictions choosing to not enforce the law of the land
_local elections granting voting rights to non-citizens
_The senate going beyond its advise and consent role.
_The growth of executive power at the expense of the legislative branch's power
_Weaponized congressional investigations
I truly believe this great experiment is starting to unravel; and it is not the fault of the elected officials. We tolerate it as long as in the short term, it fits our agenda. Never thinking of the long term consequences.
_Senate rule changes to eliminate the need for overwhelming consensus in favor of simple majority
_Failure to pass budgets and instead relying on continuing resolutions
_Impeachment as recall
_Failure to hold confirmation hearings because, its "too close" to the election, when it clearly was not.
_Jurisdictions choosing to not enforce the law of the land
_local elections granting voting rights to non-citizens
_The senate going beyond its advise and consent role.
_The growth of executive power at the expense of the legislative branch's power
_Weaponized congressional investigations
I truly believe this great experiment is starting to unravel; and it is not the fault of the elected officials. We tolerate it as long as in the short term, it fits our agenda. Never thinking of the long term consequences.
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MAJ Bryan Zeski
I agree with you on everything except who's fault it is. It IS the fault of the elected officials who refuse to put the values of America before personal gain. It's also the fault of everyone who continues to vote them into office.
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