What legal ISSUE will Trumps emergency declaration be decided on?
excon
Presidental power
Side Score: 7
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Congressional power
Side Score: 6
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The Department of Defense (DOD) released a statement saying the president invoked sections 12302, 284(b)(7), and 2808 of Title X of the U.S. Code. Section 12302 authorizes "involuntary activation" of reserve troops to perform a "federal mission at the direction of the secretary of defense." Section 284(b)(7) allows the DOD to support counter-drug activities of other federal agencies, such as the Department of Homeland Security (DHS) "with the construction of roads, fences, and lighting" to disrupt drug trafficking. Section 2808 of Title X authorizes the Defense secretary to decide whether barriers are necessary to support the actions of the armed services, and to redirect unobligated military construction funds to construct the border barriers. The broad grant of discretion to the president could make it hard to persuade courts to rule that Mr. Trump exceeded his authority in declaring a border emergency. "He's the one who gets to make the call. We can't second-guess it," said John Eastman, a professor of constitutional law at the Chapman University School of Law. Courts often are reluctant to look beyond the justifications the president included in his proclamation, Ohio State University law professor Peter Shane said on a call organized by the liberal American Constitution Society. Side: Presidental power
Courts often are reluctant to look beyond the justifications the president included in his proclamation, Hello bront: I don't disagree.. He HAS the power, justified or not.. It's whether that power allows him to take money, that not only HASN'T been appropriated by Congress, but WAS specifically DENIED funding by Congress.. On that issue, SCOTUS will rule in favor of CONGRESS.. So, the emergency declaration'll stay in place.. Trump just won't have MONEY to DO anything with it.. excon Side: Congressional power
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I don't disagree.. He HAS the power, justified or not.. It's whether that power allows him to take money, that not only HASN'T been appropriated by Congress, but WAS specifically DENIED funding by Congress.. I guess we will see. On that issue, SCOTUS will rule in favor of CONGRESS.. Interesting Con. Would it if it were filled with Hillary Clinton appointments and the Congress was more right wing? So, the emergency declaration'll stay in place.. Trump just won't have MONEY to DO anything with it.. He has $1.6 billion already. He can build a lot of wall while getting it figured out. Side: Presidental power
10 U.S. Code § 2808 - Construction authority in the event of a declaration of war or national emergency (a) In the event of a declaration of war or the declaration by the President of a national emergency in accordance with the National Emergencies Act (50 U.S.C. 1601 et seq.) that requires use of the armed forces, the Secretary of Defense, without regard to any other provision of law, may undertake military construction projects, and may authorize the Secretaries of the military departments to undertake military construction projects, not otherwise authorized by law that are necessary to support such use of the armed forces. Such projects may be undertaken only within the total amount of funds that have been appropriated for military construction, including funds appropriated for family housing, that have not been obligated. Side: Presidental power
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The shoe will eventually be on the other foot. If Trump is going to increase the precedent for Presidential Monarchy, he better do it for the most dire of causes. Otherwise he is doing nothing but legitimizing the ability of future political opponents to enforce their executive will without regard to the people’s representatives. Side: Congressional power
Well nothing much more serious than the invasion of the United States by literally 100s of 1000s of Latino murderers, rapists, drug dealers as well as actual and potential terrorists. The UNREGULATED torrent of illegal filth has to be checked and brought under control by every means possible. The Wall is only one of many measures intended to improve national security and to stop the hitherto unstoppable avalaunch of Latino low life criminals. Unlike his spineless predecessor, ex-President (inertia) Obama, the great orator, President Trump has the moral fibre to, not only address this fertering issue, but also the political courage courage to introduce the measures to redress the biggest threat to the security to nation bar none. How the sanctimonious VIRTUE SIGNALLING Democrat love to don their halo and try to occupy the moral high ground. Most Latino countries are shitholes. Fail to arrest the endless infestation of Latinos into the U.S., and we too will become the biggest shithole of them all. Side: Congressional power
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