dirtpusher Loc: tulsa oklahoma

Angmo

Yep, ability of a president to do this have been increased over the past 20 years. Likely a democrat congress established that flexibility.

Check that out and let us know the history.

dirtpusher Loc: tulsa oklahoma

Has to get past the corts first

Angmo

No, that’s not how it works, cutie. Read up on the law.

What is a cort? You mean court (English). That’s my guess.

dirtpusher Loc: tulsa oklahoma

Lol yeah you better read up or listen to your radio

Angmo

Have you read the law yet? I count some 130 statutes in the federal code that empower a president. Bet you can’t even find the laws and statutes. Money? Even construction funds to do this from the military. Read the law.

You seem to be flopping around like a dying fish with each post you’ve ever made. Unable to be an adult.

pendennis

The law was written in 1975, and passed in 1976. The Dems controlled both houses at the time, and President Ford was a "dead man walking". With Watergate still fresh in the minds of American v**ers, the Dems figured it would be years before another Republican occupied the White House, or the Republicans would actually control Congress. President Ford wasn't about to cede any more power than necessary, and was in a sense, a Congressman who occupied the Executive. He was a RINO, so he was sympatico.

The law is quite explicit as I read it. The President is granted broad powers to dispatch the military, and use civil projects appropriations to fund his needs under the law. He can also use military engineers as the DoD can supply; this means Army Corps of Engineers, U.S. Navy Civil Engineers (Seabees), Air Force, and Marines. And the definition of an emergency is left to the discretion of the Executive.

There are legal scholars out there who have stated that Congress can't sue in Federal Court, because they're the ones who've granted the power to the Executive in the first place.

The President's powers in this instance, are not like an Executive Order which is used when there is some question as to the meaning of a particular law. This is a power delegated to the President by Congress. Their only recourse would be to repeal some, or all of the law.

There are a number of uses by Presidents of the law in the past. However, the only one which involved a direct threat to the U.S. was when G.W. Bush used it right after 9/11/2001. A review of the others displays more a use of adventurism by Presidents.

Angmo

If congress don’t act, all I need is a pen and a phone. Wonder who said that...

dirtpusher Loc: tulsa oklahoma

Lol he may have that right. O ly he has get past the courts. Lol

Read a book

Angmo

You have no understand. That must be a requirement of lefties. Lefties have no clue of the actual nature of the courts.

dirtpusher Loc: tulsa oklahoma

Well let's see him not get it. Lol

So start crying

thom w Loc: San Jose, CA

Eminent domain still has to be fought out in the courts case by case.

jcboy3

The House sued President Obama in 2014 over the administration's health care spending. A federal judge ruled that Congress had standing because the case involved appropriations, which is the purvue of the House.

https://en.wikipedia.org/wiki/United_States_House_of_Representatives_v._Azar

So the answer is yes, Congress (as in the House of Representatives) can sue Trump over diversion of appropriated money to build a wall.

I imagine that Trump hasn't actually pulled that trigger because his legal advisors don't think it will stand up in court.

pendennis

The Supreme Court has already ruled that the Congress has given the President has to power to unilaterally declare a national emergency, and spend funds appropriately. Congress has already given him the power; they can't go back and sue him for using it, ergo Congress has no standing in Federal court. The law would have to be repealed, the only remedy.

Azar had to do with Obama exceeding his powers under the Obamacare. Entirely different case involving the employer mandate.

Even Professor Jonathon Turley (no conservative), at Georgetown, has stated that the President is within his power. Further, the President's legal staff has already advised him.

jcboy3

What ruling?

Read this:

https://www.washingtonpost.com/opinions/2019/01/08/how-supreme-court-might-rule-if-trump-declares-an-emergency-his-wall/?utm_term=.d369927c4d6a