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Trump Declaring A State Of Emergency Would Force The Senate To Vote On It
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Jan 12, 2019 08:17:20   #
working class stiff Loc: N. Carolina
 
archie bunker wrote:
Unicorns DO exist!

You sir are smarter, and more honest than the average liberal! βœ‹βœ‹πŸ‘πŸ‘πŸ‘πŸ‘πŸ‘πŸ‘πŸ‘


Mr. Bunker, you are too kind. As the famous sailor said, "I yam what I yam". Prost.

Reply
Jan 12, 2019 08:25:32   #
working class stiff Loc: N. Carolina
 
Idaho wrote:
The Brennan Center - REALLY?

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

β€œJustice 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. β€œ
The Brennan Center - REALLY? br br Do you know wh... (show quote)


Check out pennylynn's source. It's a much deeper and detailed dive into the issues concerning 'national emergency'. Oh wait...it's also from the Brennan Center.

Look, there are only a limited number of places that gather and analyze data. You take where you get it. If you have a source that contradicts what was presented, please share. This is a new issue for me, so I don't really have an ax to grind.

Reply
Jan 12, 2019 09:59:08   #
old marine Loc: America home of the brave
 
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)


Your post and link to prove it are bogus that pretains to ending a national emergency. Just like your Dim-O-Crat handlers you are full of bull$hit.

Reply
 
 
Jan 12, 2019 10:06:15   #
old marine Loc: America home of the brave
 
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 β€” 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 totally agree with you. Pennylynn but,

I do have one small question. Why did you refer to "the President" several times as "her"?

Ha ha ha ha, I got no problem with a lady being President. I would have ssid Hillary but she's no lady.


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Jan 12, 2019 10:54:36   #
Boo_Boo Loc: Jellystone
 
My friend, I do not believe that I referred to our President as "her" although the source I used did... and it was concerning ..... I think that the "research" may have been done when the Democrats had been promised Killary as the next President and they "expected" that a National Emergency measure might be necessary because many worried how Conservatives would handle the loss. I may be over thinking this... but that would be my best guess.
Personally, I think the Democrats will scrape the barrel to find a minority female to oppose President Trump (should he decide to run) in 2020.

old marine wrote:
I totally agree with you. Pennylynn but,

I do have one small question. Why did you refer to "the President" several times as "her"?

Ha ha ha ha, I got no problem with a lady being President. I would have ssid Hillary but she's no lady.

I totally agree with you. Pennylynn but, br br I ... (show quote)

Reply
Jan 12, 2019 12:41:36   #
old marine Loc: America home of the brave
 
Pennylynn wrote:
My friend, I do not believe that I referred to our President as "her" although the source I used did... and it was concerning ..... I think that the "research" may have been done when the Democrats had been promised Killary as the next President and they "expected" that a National Emergency measure might be necessary because many worried how Conservatives would handle the loss. I may be over thinking this... but that would be my best guess.
Personally, I think the Democrats will scrape the barrel to find a minority female to oppose President Trump (should he decide to run) in 2020.
My friend, I do not believe that I referred to our... (show quote)


I figured it was a cut & past and I started to correct it, but thought it would be more fun to pick at you about it.

I like your post Pennylynn and agree with most all of them.

But sometimes when I feel good I like to pick at my favorite posters. 😁😘😎

Reply
Jan 12, 2019 15:20:39   #
Boo_Boo Loc: Jellystone
 
I am glad you are feeling better... and my friend, do pick at me..... I do not mind in the least!!!
old marine wrote:
I figured it was a cut & past and I started to correct it, but thought it would be more fun to pick at you about it.

I like your post Pennylynn and agree with most all of them.

But sometimes when I feel good I like to pick at my favorite posters. 😁😘😎



Reply
 
 
Jan 12, 2019 16:20:48   #
maryjane
 
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)


I have been reading about "state of emergency" declarations and been surprised to find there have been many, including several by Obama. An even bigger surprise is to find out that many of these still exist, are still in effect, which makes no sense to me.

Reply
Jan 12, 2019 16:37:25   #
old marine Loc: America home of the brave
 
Pennylynn wrote:
I am glad you are feeling better... and my friend, do pick at me..... I do not mind in the least!!!



The past month was pretty rough, my regular doctor was afraid to operate on me so he called in a specialist to do the surgery. I'm doing much better now. Thanks





Reply
Jan 12, 2019 16:39:17   #
old marine Loc: America home of the brave
 
maryjane wrote:
I have been reading about "state of emergency" declarations and been surprised to find there have been many, including several by Obama. An even bigger surprise is to find out that many of these still exist, are still in effect, which makes no sense to me.


That's because the previous President failed to close them. Like everything else he failed to do.

Reply
Jan 12, 2019 16:52:06   #
Morgan
 
nwtk2007 wrote:
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!!


The right doesn't have access? How do you figure that? How would they hide a State of Emergency Power?

another link for some information on the National Emergencies Act

http://fas.org/irp/crs/RS21017.pdf

Reply
 
 
Jan 12, 2019 17:00:28   #
old marine Loc: America home of the brave
 
Morgan wrote:
The right doesn't have access? How do you figure that? How would they hide a State of Emergency Power?


The same way Obama hid it over 100 times.

The President is not requires to get or even notify the members of the House.or Senate, no vote is required just the Presidents signature.

Once the order is signed it goes into immediate action, the military is then.in charge of building the wall/fence and the Dim-O-Crats can not stop or rescind the military's orders.

CHECKMATE, GAME OVER.

Reply
Jan 12, 2019 17:28:20   #
Morgan
 
old marine wrote:
The same way Obama hid it over 100 times.

The President is not requires to get or even notify the members of the House.or Senate, no vote is required just the Presidents signature.

Once the order is signed it goes into immediate action, the military is then.in charge of building the wall/fence and the Dim-O-Crats can not stop or rescind the military's orders.

CHECKMATE, GAME OVER.


On checking some information I found the National Emergencies Act consisted of five titles. Certain presidential accountability and reporting requirements regarding national emergency declarations were specified in Title IV, and the repeal and continuation of various statutory provisions delegating emergency powers were accomplished in Title V.

When declaring a national emergency, the President must indicate, according to Title III, the powers and authorities being activated to respond to the exigency at hand.

To date, over 30 national emergencies have been declared pursuant to the National Emergencies Act, and about a dozen of these have been subsequently terminated.

Reply
Jan 12, 2019 17:39:15   #
old marine Loc: America home of the brave
 
Morgan wrote:
On checking some information I found the National Emergencies Act consisted of five titles. Certain presidential accountability and reporting requirements regarding national emergency declarations were specified in Title IV, and the repeal and continuation of various statutory provisions delegating emergency powers were accomplished in Title V.

When declaring a national emergency, the President must indicate, according to Title III, the powers and authorities being activated to respond to the exigency at hand.

To date, over 30 national emergencies have been declared pursuant to the National Emergencies Act, and about a dozen of these have been subsequently terminated.
On checking some information I found the National ... (show quote)


That's because ex-president Obama didn't close them or know how to close them. Take your choice.

Reply
Jan 12, 2019 18:35:55   #
nwtk2007 Loc: Texas
 
Morgan wrote:
The right doesn't have access? How do you figure that? How would they hide a State of Emergency Power?

another link for some information on the National Emergencies Act

http://fas.org/irp/crs/RS21017.pdf


I meant the MSM doesn't report it.

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