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Trump Declaring A State Of Emergency Would Force The Senate To Vote On It
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Jan 11, 2019 17:13:19   #
woodguru
 
Read the statutes cited and check on them if you think they are bogus, I did...

The National Emergencies Act became law September 14, 1976, it can be seen at
USC, Title 50, Chapter 34
https://www.law.cornell.edu/uscode/text/50/chapter-34

Congress can override the declaration according to 50 USC 1622 (a)(1)
Details are defined in 50 USC 1622 (c), (1),(2),(3)

This could have worked had the GOP still been in charge of the house (which is sort of scary in and of itself that the GOP let's Trump operate without oversight)

This is a form of legislative oversight meant to check balance abuses of power. If the president were declaring an actual state of emergency as defined in the provision, no president would ever be blocked from using it.

Trump will be blocked within days, McConnell will be forced to take a vote, and I think you know how that will go.

Reply
Jan 11, 2019 17:50:28   #
Boo_Boo Loc: Jellystone
 
I have to say... NICE TRY. But, 50 USC 1622 (c), (1),(2),(3) applies to ENDING a state of emergency after it has been declared. It can not block a state of emergency from being declared. Both the president and Congress are free to declare a national emergency whenever they wish; there are no limits on what type of event qualifies. Under the National Emergencies Act, which went into effect in 1978, an emergency declared by the president will terminate after a year unless she renews it — but such renewals happen routinely. And while Congress may vote to terminate a presidentially declared state of emergency, it has not done so once in the past four decades. President Trump has 136 authorities available to him in a national emergency, 96 require nothing more than her signature on the emergency declaration. Twelve contain a de minimis restriction, such as a requirement that an agency head certify the necessity of the measure (something the president can presumably order the agency head to do). Fifteen contain a more substantive restriction, such as a requirement that the emergency relate to a particular subject matter or that it involve the use of armed forces.

So... Senate can vote to END an existing declared State of Emergency but they can not block the President from declaring one.

Here is a link to a breakdown of State of Emergency Power...https://www.brennancenter.org/sites/default/files/legislation/Emergency%20Powers_Printv2.pdf


woodguru wrote:
Read the statutes cited and check on them if you think they are bogus, I did...

The National Emergencies Act became law September 14, 1976, it can be seen at
USC, Title 50, Chapter 34
https://www.law.cornell.edu/uscode/text/50/chapter-34

Congress can override the declaration according to 50 USC 1622 (a)(1)
Details are defined in 50 USC 1622 (c), (1),(2),(3)

This could have worked had the GOP still been in charge of the house (which is sort of scary in and of itself that the GOP let's Trump operate without oversight)

This is a form of legislative oversight meant to check balance abuses of power. If the president were declaring an actual state of emergency as defined in the provision, no president would ever be blocked from using it.

Trump will be blocked within days, McConnell will be forced to take a vote, and I think you know how that will go.
Read the statutes cited and check on them if you t... (show quote)

Reply
Jan 11, 2019 18:05:35   #
woodguru
 
Pennylynn wrote:
I have to say... NICE TRY. But, 50 USC 1622 (c), (1),(2),(3) applies to ENDING a state of emergency after it has been declared. It can not block a state of emergency from being declared. Both the president and Congress are free to declare a national emergency whenever they wish; there are no limits on what type of event qualifies. Under the National Emergencies Act, which went into effect in 1978, an emergency declared by the president will terminate after a year unless she renews it — but such renewals happen routinely. And while Congress may vote to terminate a presidentially declared state of emergency, it has not done so once in the past four decades. President Trump has 136 authorities available to him in a national emergency, 96 require nothing more than her signature on the emergency declaration. Twelve contain a de minimis restriction, such as a requirement that an agency head certify the necessity of the measure (something the president can presumably order the agency head to do). Fifteen contain a more substantive restriction, such as a requirement that the emergency relate to a particular subject matter or that it involve the use of armed forces.

So... Senate can vote to END an existing declared State of Emergency but they can not block the President from declaring one.

Here is a link to a breakdown of State of Emergency Power...https://www.brennancenter.org/sites/default/files/legislation/Emergency%20Powers_Printv2.pdf
I have to say... NICE TRY. But, 50 USC 1622 (c), ... (show quote)


What part didn't you get? This is how Congress ends it when the president declares it. It's a three day process for the house and three days for the senate, it's quick...and no filibustering

What I said is that if Trump declares it the senate will be forced to vote on this when the house sends them the bill

Reply
 
 
Jan 11, 2019 18:11:10   #
nwtk2007 Loc: Texas
 
Pennylynn wrote:
I have to say... NICE TRY. But, 50 USC 1622 (c), (1),(2),(3) applies to ENDING a state of emergency after it has been declared. It can not block a state of emergency from being declared. Both the president and Congress are free to declare a national emergency whenever they wish; there are no limits on what type of event qualifies. Under the National Emergencies Act, which went into effect in 1978, an emergency declared by the president will terminate after a year unless she renews it — but such renewals happen routinely. And while Congress may vote to terminate a presidentially declared state of emergency, it has not done so once in the past four decades. President Trump has 136 authorities available to him in a national emergency, 96 require nothing more than her signature on the emergency declaration. Twelve contain a de minimis restriction, such as a requirement that an agency head certify the necessity of the measure (something the president can presumably order the agency head to do). Fifteen contain a more substantive restriction, such as a requirement that the emergency relate to a particular subject matter or that it involve the use of armed forces.

So... Senate can vote to END an existing declared State of Emergency but they can not block the President from declaring one.

Here is a link to a breakdown of State of Emergency Power...https://www.brennancenter.org/sites/default/files/legislation/Emergency%20Powers_Printv2.pdf
I have to say... NICE TRY. But, 50 USC 1622 (c), ... (show quote)


I was just about to point all that out!!

Reply
Jan 11, 2019 18:20:58   #
woodguru
 
Perhaps Trump will make this declaration today as he likes Friday and weekend announcements to make it slower to respond?

Reply
Jan 11, 2019 18:31:29   #
Boo_Boo Loc: Jellystone
 
Still, nice try... but the President can veto any action to end a State of Emergency. They tried to exclude the President's approval, but that veto-free arrangement did not pass constitutional muster when it went before the Supreme Court in 1983.

Congress' response was to revise the National Emergencies Act so that the termination of an emergency decree required a joint resolution signed by the president. If the president vetoes such a measure, a two-thirds majority vote in each chamber would be needed to override.

Do you think Democrats can muster a two-thirds majority vote?

woodguru wrote:
What part didn't you get? This is how Congress ends it when the president declares it. It's a three day process for the house and three days for the senate, it's quick...and no filibustering

What I said is that if Trump declares it the senate will be forced to vote on this when the house sends them the bill

Reply
Jan 11, 2019 19:57:02   #
vernon
 
woodguru wrote:
Read the statutes cited and check on them if you think they are bogus, I did...

The National Emergencies Act became law September 14, 1976, it can be seen at
USC, Title 50, Chapter 34
https://www.law.cornell.edu/uscode/text/50/chapter-34

Congress can override the declaration according to 50 USC 1622 (a)(1)
Details are defined in 50 USC 1622 (c), (1),(2),(3)

This could have worked had the GOP still been in charge of the house (which is sort of scary in and of itself that the GOP let's Trump operate without oversight)

This is a form of legislative oversight meant to check balance abuses of power. If the president were declaring an actual state of emergency as defined in the provision, no president would ever be blocked from using it.

Trump will be blocked within days, McConnell will be forced to take a vote, and I think you know how that will go.
Read the statutes cited and check on them if you t... (show quote)


Did you know that Obama used the emergencies act over thirty times in his nastiest of reigns.

Reply
 
 
Jan 11, 2019 19:57:21   #
working class stiff Loc: N. Carolina
 
Pennylynn wrote:
I have to say... NICE TRY. But, 50 USC 1622 (c), (1),(2),(3) applies to ENDING a state of emergency after it has been declared. It can not block a state of emergency from being declared. Both the president and Congress are free to declare a national emergency whenever they wish; there are no limits on what type of event qualifies. Under the National Emergencies Act, which went into effect in 1978, an emergency declared by the president will terminate after a year unless she renews it — but such renewals happen routinely. And while Congress may vote to terminate a presidentially declared state of emergency, it has not done so once in the past four decades. President Trump has 136 authorities available to him in a national emergency, 96 require nothing more than her signature on the emergency declaration. Twelve contain a de minimis restriction, such as a requirement that an agency head certify the necessity of the measure (something the president can presumably order the agency head to do). Fifteen contain a more substantive restriction, such as a requirement that the emergency relate to a particular subject matter or that it involve the use of armed forces.

So... Senate can vote to END an existing declared State of Emergency but they can not block the President from declaring one.

Here is a link to a breakdown of State of Emergency Power...https://www.brennancenter.org/sites/default/files/legislation/Emergency%20Powers_Printv2.pdf
I have to say... NICE TRY. But, 50 USC 1622 (c), ... (show quote)


Thank you. Very informative. As usual from you.

Reply
Jan 11, 2019 20:16:30   #
nwtk2007 Loc: Texas
 
vernon wrote:
Did you know that Obama used the emergencies act over thirty times in his nastiest of reigns.


I know he used it a bunch. Didn't know it was that many times. Talk about abuse of power. Also, talk about not telling anyone by the MSM. They hide this kind of info knowing the 90% of the left won't even look and the right don't have the access to them to inform them.

Trump uses it once, and it's earth shattering!!

Reply
Jan 11, 2019 20:34:18   #
working class stiff Loc: N. Carolina
 
vernon wrote:
Did you know that Obama used the emergencies act over thirty times in his nastiest of reigns.


Did you know you are spouting a gross falsehood?

He declared a national emergency 12 times. Two were domestic focused: concerning the H1N1 flu virus and malicious cyber activities. The other ten concerned the persons and properties of foreign nations.

https://www.brennancenter.org/sites/default/files/analysis/NEA%20Declarations.pdf

Reply
Jan 11, 2019 20:41:48   #
Boo_Boo Loc: Jellystone
 
You are right, but he also extended many that were declared by other presidents... one dating back to 1979. Perhaps these were included in Vernon's count.
working class stiff wrote:
Did you know you are spouting a gross falsehood?

He declared a national emergency 12 times. Two were domestic focused: concerning the H1N1 flu virus and malicious cyber activities. The other ten concerned the persons and properties of foreign nations.

https://www.brennancenter.org/sites/default/files/analysis/NEA%20Declarations.pdf

Reply
 
 
Jan 11, 2019 20:51:56   #
Comment Loc: California
 
vernon wrote:
Did you know that Obama used the emergencies act over thirty times in his nastiest of reigns.


Apparently not because they didn't whine. Being fair Democrats that we know all of them are, they would have whined to Heaven. But, they paid no attention to what Obama was doing because he was King Juan Dong. He could do no wrong. Now that they are well rested sitting on their laurels they have lots of energy to assail Trump in a manner never aforesaid in history.

Reply
Jan 11, 2019 21:17:52   #
working class stiff Loc: N. Carolina
 
Pennylynn wrote:
You are right, but he also extended many that were declared by other presidents... one dating back to 1979. Perhaps these were included in Vernon's count.


Again, you are probably right as I just went back and counted our current, in force, states of emergency. We are under 31.

Truthfully, I had no idea that they were in force and am somewhat surprised. They mainly concern foreign relations so that's probably we most folks are unaware of them.

Reply
Jan 12, 2019 03:58:38   #
archie bunker Loc: Texas
 
working class stiff wrote:
Again, you are probably right as I just went back and counted our current, in force, states of emergency. We are under 31.

Truthfully, I had no idea that they were in force and am somewhat surprised. They mainly concern foreign relations so that's probably we most folks are unaware of them.


Unicorns DO exist!

You sir are smarter, and more honest than the average liberal! ✋✋👏👏👏👏👏👏👍

Reply
Jan 12, 2019 06:47:29   #
Idaho
 
working class stiff wrote:
Did you know you are spouting a gross falsehood?

He declared a national emergency 12 times. Two were domestic focused: concerning the H1N1 flu virus and malicious cyber activities. The other ten concerned the persons and properties of foreign nations.

https://www.brennancenter.org/sites/default/files/analysis/NEA%20Declarations.pdf


The Brennan Center - REALLY?

Do you know who it is named for? One of the leading liberal activist judges ....

“Justice William J. Brennan, Jr. is universally regarded as one of the most influential and liberal justices of the second half of the 20th century. His 34 years on the U.S. Supreme Court was one of the Court's longest tenures, spanning eight presidencies and 17 Congresses. During that time he served with 22 justices, wrote 461 majority opinions, 425 dissents, and 474 other opinions. Brennan's legacy was so powerful and far-reaching that even those who disagreed with his opinions still recognized his singular influence. “

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