Damocles?
Trump: I could declare a national emergency to get border wall
- Thread starter volsrock
- Start date
Damocles?
The act was passed specifically because Emergency Declarations still were in effect from 1933. Ignoring the reason for the law doesn't change the reason or reality, it just makes you disingenuous. You haven't read any of the case law, make an argument that is factually proven wrong, agree with it when somebody else states the same thing I did because it was somebody else, then try to claim "victory" when you have nothing left.
You were wrong, it's okay to say it when you're wrong.
I do say it when I am wrong. I am not wrong here. A president does not have any more powers than what are granted him by the Constitution.
Regardless of what they have gotten away with in the past.
Regardless of what the Courts have said.
Short answer: No.
Answer relevant to this discussion, what I stated and what you later said "BAM!" to when Desh posted it:
https://legaldictionary.net/emergency-power/
He's wrong.
when Truman tried to nationalize steel using that act the courts found that he didn't have the authority. In any case he still needs to get the money from Congress.
Yup. The powers are limited. The problem I had with the statement wasn't that I believed they were some all powerful do what you want kind of thing, it was the blanket statement that the President had no Emergency Powers at all. It isn't true. During a true emergency when the nation is at stake the only branch that can act to protect us has the power and authority to act and get approval later.
In this case, for this wall, it simply will never happen. It isn't "emergency" enough, and Congress just will not okay it.
There's this thing called a filibuster that pretty much made that difficult. While the House would pass the bill a ton of times, the bill wouldn't pass the 60 vote limit of the filibuster.
What constantly astounds me is why when both houses were controlled by Ds with a filibuster proof majority in the Senate the Ds didn't pass immigration reform. Even when it was only 1 vote under the filibuster they could have gotten one squishy R to vote with them, surely. Instead they had to go through all that rigamarole to foist a healthcare "plan" that made healthcare unaffordable for middle class folk.
So where does the constitution grants the president additional power to the president if he declares an emergency?
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I went back and re-read where I said BAM, I can see that I interpreted the statement very differently than you did. To me it means the president does not have additional authority simply by saying it’s an emergency, but he does have authority under the constitution to act in an emergency, just not additional authority, it’s simply the authority he always has had under the constitution. Two different things!
canceled.2021.1
#AMERICAISDEAD
Someone is having a Trumper Tantrum today. Does Rana need to change your diaper
Where are you getting this all from? None of it is correct. This is really worth a read for everyone on this board. It will make some really happy and others piss themselves. From a very liberal source by the way:
https://www.theatlantic.com/magazine/archive/2019/01/presidential-emergency-powers/576418/
It is, quite literally, the exact same link.
People with a higher pay grade than you or I get to decide what is a national emergency and what is not.
It isn't. Even if he tried it would fail. Even the Senate would tell him no. You don't get to just "declare an emergency" when you can't get what you want.
Gotcha68
Verified User
What a stupid statement. Our govt manufactures emergencies/crisis/danger all the damn time.