Trump: I could declare a national emergency to get border wall

Where does the Constitution give him that power?

Or do Republicans not care about that anymore?
 
volsrock said:
https://nypost.com/2019/01/04/trump-i-could-declare-a-national-emergency-to-get-border-wall/


Heads are exploding everywhere in Washington today. Good times.
Click to expand...

President Trump said Friday that he might declare a national emergency so that he could bypass Congress and order the construction of his long-promised wall on the southern border.

“Absolutely, we can call a national emergency. I haven’t done it. I may do it. I may do it. We can call a national emergency and build it very quickly,” he said during a press briefing in the Rose Garden after a two-hour meeting with top Democrats about the government shutdown and border security.

“It’s another way of doing it. If we can do it through a negotiated process, we’re giving that a shot.”

Asked if that stance was a threat to Democrats, Trump replied: “I never threaten anybody but I am allowed to do it.”

He also said he could seize private property from people who own land on the border “under the military version” of eminent domain, the law that allows the government to seize private property for public or private development and not face any court action.
 
volsrock said:
https://nypost.com/2019/01/04/trump-i-could-declare-a-national-emergency-to-get-border-wall/


Heads are exploding everywhere in Washington today. Good times.
Click to expand...

President Trump said Friday that he might declare a national emergency so that he could bypass Congress and order the construction of his long-promised wall on the southern border.

“Absolutely, we can call a national emergency. I haven’t done it. I may do it. I may do it. We can call a national emergency and build it very quickly,” he said during a press briefing in the Rose Garden after a two-hour meeting with top Democrats about the government shutdown and border security.

“It’s another way of doing it. If we can do it through a negotiated process, we’re giving that a shot.”

Asked if that stance was a threat to Democrats, Trump replied: “I never threaten anybody but I am allowed to do it.”

He also said he could seize private property from people who own land on the border “under the military version” of eminent domain, the law that allows the government to seize private property for public or private development and not face any court action.
 
Jarod said:
Where does the Constitution give him that power?

Or do Republicans not care about that anymore?
Click to expand...

It was Congress that gave the President the authority. :D

The Act authorized the President to activate emergency provisions of law via an emergency declaration on the conditions that the President specifies the provisions so activated and notifies Congress. An activation would expire if the President expressly terminated the emergency, or did not renew the emergency annually, or if each house of Congress passed a resolution terminating the emergency. After presidents objected to this "Congressional termination" provision on separation of powers grounds, it was replaced in 1985 with termination by an enacted joint resolution. The Act also requires the President and executive agencies to maintain records of all orders and regulations that proceed from use of emergency authority, and to regularly report the cost incurred to Congress.
 
kudzu said:
President Trump said Friday that he might declare a national emergency so that he could bypass Congress and order the construction of his long-promised wall on the southern border.

“Absolutely, we can call a national emergency. I haven’t done it. I may do it. I may do it. We can call a national emergency and build it very quickly,” he said during a press briefing in the Rose Garden after a two-hour meeting with top Democrats about the government shutdown and border security.

“It’s another way of doing it. If we can do it through a negotiated process, we’re giving that a shot.”

Asked if that stance was a threat to Democrats, Trump replied: “I never threaten anybody but I am allowed to do it.”

He also said he could seize private property from people who own land on the border “under the military version” of eminent domain, the law that allows the government to seize private property for public or private development and not face any court action.
Click to expand...

Did you post this twice; because you are desperately trying to convince yourself that the can't??
 
Addressing reporters from the Rose Garden today, Trump kept pushing for his ill-advised border wall. But what if Congress refuses to acquiesce to his demand for $5 billion in funding? Why, he'd declare a national emergency "and build [the wall] very quickly," he said.

Assuming, for the sake of argument, that he can do that, he'd run into another problem right away: The federal government owns less than one-third of the land on the southern border. The rest belongs to other entities, including states, Native American tribes, and private individuals. Most of the border land in Texas is private property.

Not a problem, said Trump: "You have to use eminent domain," he declared. That's when the government forces a property owner to sell, at a price set by the government. "If we had one person that wouldn't sell us...then we wouldn't be able to build proper border security because we'd have that big opening."

"I think it's a fair process," he added.

And what happens if Trump can't seize people's land with normal eminent domain? That's where the "military version" comes in:

Trump floats the idea of using "the military version of eminent domain" to immediately seize privately owned land along border to build the wall

— Josh Lederman (@JoshNBCNews) January 4, 2019
As explained, "[Lawsuits are] not going to hold [the wall] up because under the military version of eminent domain and under, actually, homeland security we can do it before we even start."

Hopefully it doesn't look anything like this:

Hey, look! It's "the military version of eminent domain"! pic.twitter.com/JQbk4eQHml

— Jesse Walker (@notjessewalker) January 4, 2019
In all seriousness, federal law does allow for military department secretaries to "acquire any interest in land" if "the acquisition is needed in the interest of national defense." But defining building a wall on the southern border as an issue of national defense is a stretch.

It's also worth noting that calling for a "military version of eminent domain" may not be the best way for Trump to sell his wall to the American people. Polls already show that a majority of Americans oppose the project. Further reducing the due process available to border property holders is unlikely to increase that number.

At least it made for some great Twitter reactions from Reps. Jim Hines (D–Conn.) and Justin Amash (R–Mich.), among others:

Can I use the "military version of eminent domain" to borrow my neighbor's snow shovel? @justinamash @RepThomasMassie ??

AMPERSANDmdash; Jim Himes (@jahimes) January 4, 2019

I am not aware of any "military version" of eminent domain. I am aware of executive overreach, and this sounds like it.

AMPERSANDmdash; Justin Amash (@justinamash) January 4, 2019

Today Trump claimed he will seize large swaths of land from private citizens at gunpoint and declare a "state of emergency" to build a wall without Congressional approval.

In the face of tyranny, Republicans are outraged ... by a freshman Member of Congress using profanity.

AMPERSANDmdash; Renato Mariotti (@renato_mariotti) January 4, 2019

Also the "military version of eminent domain" would be… invasion.

AMPERSANDmdash; Jane Coaston (@cjane87) January 4, 2019

But the president's fondness for eminent domain in all of its forms should be no surprise. Trump has benefited from eminent domain for decades as a real estate developer. Why would he stop now?

http://reason.com/blog/2019/01/04/what-the-hell-is-the-military-version-of
 
kudzu said:
He also said he could seize private property from people who own land on the border “under the military version” of eminent domain, the law that allows the government to seize private property for public or private development and not face any court action.
Click to expand...

So
 
Not “if” I were king, trump honestly believes he is king, and all this cooperation is just because he chooses to cooperate. He honestly believes he is powerful enough to just build a wall without congressional funding.

I’d love to see him try. It would work out exactly like his Muslim ban did.
 
I Love America said:
You didn’t care about Constitutional powers when Obama did DACA. In fact Trump can just say Congress failed to act
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Go ahead, I dare him, try to build the wall without congressional funding. He will get slapped in the face by his own supreme court nominees.
 
Jarod said:
Go ahead, I dare him, try to build the wall without congressional funding. He will get slapped in the face by his own supreme court nominees.
Click to expand...

Whatever you say GayRod

Remember you told us Trump was going to cave on the wall and there would be no shut down
 
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