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Presidential Authority to Declare a National Emergency

since9

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Colorado Springs, Colorado, USA
Mitch McConnell just announced that the Senate has enough votes to overturn the President's national emergency declaration (Source).

Please correct me if I'm wrong, but that's not how I understood the President's authority to declare a national emergency worked.

Specifically, a presidential Declaration of Emergency and initial subsequent actions do not require congressional approval. This action isn't subject to checks and balances because the declaration itself is a check and balance on Congressional inaction, in addition to power and authority given by Congress via federal law long ago commensurate with our Constitution, to act quickly and decisively in times when Congress is known for gridlock, if not a train wreck.

In fact, because the authority to make such a declaration is federal law, which required a bill passed by Congress and signed by the President, it cannot be negated by Congress without passing a repeal bill, also requiring the President's signature. Thus, any such Congressional "disapproval" would also require the President's approval. Otherwise, it's meaningless.

I may be wrong on this particular issue, but in general I think all members of Congress, not to mention the media, need a refresher course in both Constitutional and Federal law. In recent weeks (years for the Democrats), they are all getting it wrong. Very wrong. They're acting like a crooked cop who says, "I am the law." No, you're not. Everyone in Congress must adhere to the law, and if you don't, you'll be removed via vote, and possibly by force if enough citizens feel like they're no longer being lawfully represented.
 

eye95

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Fairborn, Ohio, USA
Congress passed a law some years ago that gave the president the specific authority that he exercised to declare the emergency. Congress, therefore, has the power to revoke that authority. However, the president can veto the law revoking all or part of that authority.

There are not enough votes to override such a veto. Unfortunately, the leftists will then turn to their usual method of imposing their will when they can’t do so using republican means: They will shop for a leftist judge who will rule the emergency declaration unconstitutional.

We are no longer a Republic. We are an oligarchy of judges.
 

Ghost1958

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Kentucky
While I support Trump mostly and border security this is simply an end run around congress not doing what he asked.
 

Doug_Nightmare

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Nov 21, 2018
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Washington Island, WISCONSIN. Out in Lake Michigan
Similarly, obstruction of justice charges against the Chief Executive Officer are anile.

Similarly, POTUS is Chief Negotiator of foreign policy; here negotiating with Russian culture-cousins. Better Russians than Saracens.

TRUMP 2020 vision for the future. Make America Great Again. Make America ARMED and Safe Again. Make America Wholesome Again. <<== You know that’s code for you-know-what.
 
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since9

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Two days ago we learned Pelosi obtained an unauthorized i.e. ILLEGAL copy of Mueller's report, after which declared, ahead of its release, that she has "decided" not to pursue impeachment against Trump.

No, of course you wouldn't, Nancy. Proceeding with impeachment would actually highlight the fact that the report proves you have absolutely nothing on Trump and never did. As of right now, the report is an embarrassment to you. I proves you're a liar, having made countless false claims about Trump that the report simply refuses to verify and even strongly refutes.
 

FreedomVA

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FreedomVA
There are other ways to get the wall built instead of using the nuclear option.....Most opinions i think are right.....If Trump use that option now, it will open a Pandora box for the lefties to abuse it in the future.

Who will be paying for the long-term maintenance of "The Wall"? We The People of course

But the easier solutions, i think, would be for every Americans to cut your own lawn....Paint your own house....Pick your own fruits/vege's....Hire American company if you can't do it yourself........then maybe we won't have this problem..
 
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solus

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here nc
Snipp...

But the easier solutions, i think, would be for every Americans to cut your own lawn....Paint your own house....Pick your own fruits/vege's....Hire American company if you can't do it yourself........then maybe we won't have this problem..

That concept infringes on American’s mythical perception of the American dream! Alas the dream started crumbling years ago when the thought was pushed “we need to make it easier for our offspring than we had it” mentality and GEN X began the sprial of less work for more money and leisure time and in fact, over the weekend one restaurant group nationally bragged [free press is fress press] about their tremendous 4 day work week initative w/plus higher hourly rates!

I shant engage any conversation re millennials and their foretold plight to ‘the dream’

Further reading on 4 day work week...
https://www.huffingtonpost.com/entr...work-life-balance_us_5c360351e4b0f5aba7da3d5a
 
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FreedomVA

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Jul 25, 2017
Messages
592
Location
FreedomVA
That concept infringes on American’s mythical perception of the American dream! Alas the dream started crumbling years ago when the thought was pushed “we need to make it easier for our offspring than we had it” mentality and GEN X began the sprial of less work for more money and leisure time and in fact, over the weekend one restaurant group nationally bragged [free press is fress press] about their tremendous 4 day work week initative w/plus higher hourly rates!

I shant engage any conversation re millennials and their foretold plight to ‘the dream’

Further reading on 4 day work week...
https://www.huffingtonpost.com/entr...work-life-balance_us_5c360351e4b0f5aba7da3d5a


I am part of the Gen-X and yes we did slack off, listened to Misfits, grew Mohawks, Skateboarded, partied alot, but I was distilled with some old school values from the Baby Boomer, but somewhere along the line the Baby Boomer gave up on Gen-X and Gen-X gave up on the next Gen. On top of that to discipline your children's now a days is consider "child abuse"

I still believe in hard and honest work is the virtue to a happy life.
 
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solus

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Aug 22, 2013
Messages
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here nc
So < 23
Boomer did get tired...of pushing that flat Gen X rock up the hill...tough work then Boomers legs were cut out from under them ~ 2008 recession occurred.

Gen X were promoted thru the education and Millennials just have to show up and all is good! There is no work ethic as even Gen x were given cellphones, tablets, watch this on the telly to keep you occupied, oh brokenyou toy let us buy you a newer better one...
 
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color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,950
Location
Cincinnati, Ohio, USA
So < 23
Boomer did get tired...of pushing that flat Gen X rock up the hill...tough work then Boomers legs were cut out from under them ~ 2008 recession occurred.

Gen X were promoted thru the education and Millennials just have to show up and all is good! There is no work ethic as even Gen x were given cellphones, tablets, watch this on the telly to keep you occupied, oh brokenyou toy let us buy you a newer better one...
Actually it goes back to the depression. FDR pushed slacking on the job.
Now wake up, boys, get out on the rock
It ain't daybreak, but it's four O'clock
Oh, no, no, no, Pops, you know that ain't the play
What you talkin' 'bout? It's the W.P.A.
The W.P.A.
The W.P.A.
Sleep while you work, while you rest, while you play
Lean on your shovel to pass the time away
T'ain't what you do; you can't die for your pay
The W.P.A.
The W.P.A.
The W.P.A.
Now don't be a fool; working hard is passe
You'll stand from five to six hours a day
Sit down and joke while you smoke; it's okay
The W.P.A.
I'm so tired, I don't know what to do
Can't get fired, so I'll take my rest until my work
Is through
The W.P.A.
The W.P.A.
Don't mind the boss if he's cross when you're gay
He'll get a pink slip next month anyway
Three little letters that make life okay
The W.P.A.
Have a listen:
 

FreedomVA

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Messages
592
Location
FreedomVA
"cellphones, tablets, watch this on the telly to keep you occupied, oh brokenyou toy let us buy you a newer better one. "

Never had those thing....still have my pager and He-man figures
 

Ghost1958

Regular Member
Joined
Nov 5, 2015
Messages
1,265
Location
Kentucky
The National Emergencies act should never have been passed. No one man should have that much power in government.

The Constitution did not grant the president that much power for a reason and congress if it had a half a brain between all of them should repeal that I'll concived act .
 

solus

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Location
here nc
One of the better governmental “promotion” pushes...ya know CoL i wish i was as olde as you to have lived during the FDR years...🙃
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
The National Emergencies act should never have been passed. No one man should have that much power in government.

The Constitution did not grant the president that much power for a reason and congress if it had a half a brain between all of them should repeal that I'll concived act .

Key word IF fails on the congressional body. My thought exactly...don’t like the law you made delete it completely
 

gutshot II

Regular Member
Joined
Jul 1, 2017
Messages
782
Location
Central Ky.
Actually it goes back to the depression. FDR pushed slacking on the job.

Have a listen:

Now wake up, boys, get out on the rock
It ain't daybreak, but it's four O'clock
Oh, no, no, no, Pops, you know that ain't the play
What you talkin' 'bout? It's the W.P.A.
The W.P.A.
The W.P.A.
Sleep while you work, while you rest, while you play
Lean on your shovel to pass the time away
T'ain't what you do; you can't die for your pay
The W.P.A.
The W.P.A.
The W.P.A.
Now don't be a fool; working hard is passe
You'll stand from five to six hours a day
Sit down and joke while you smoke; it's okay
The W.P.A.
I'm so tired, I don't know what to do
Can't get fired, so I'll take my rest until my work
Is through
The W.P.A.
The W.P.A.
Don't mind the boss if he's cross when you're gay
He'll get a pink slip next month anyway
Three little letters that make life okay
The W.P.A.
WTF. So FDR and the WPA were homophobic?
 
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color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,950
Location
Cincinnati, Ohio, USA
So, if you are gay you are happy?
Are you speaking from personal experience?
"gay" adjective,
1: happily excited: merry in a gay mood: keenly alive and exuberant : having or inducing high spirits a bird's gay spring song.
2: bright, lively gay sunny meadows: brilliant in color.

Like you, I have a bubbly personality, is lively, animated, and fun to be around, and someone who is effusive, vivacious, and enthusiastic about life. :)
 
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