Political talk from outside of the UK
:sunglasses: 26 % ❤ 1.4 % :thumbsup: 8.2 % 😯 1.4 % :grinning: 50.7 % 🧥 5.5 % 🙏 1.4 % 😟 1.4 % :cry: 2.7 % :shit: 1.4 %
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By Big Arnold
Membership Days Posts
#563159
US President Donald Trump has said he could declare a national emergency to build a US-Mexico border wall without the approval of Congress.
I wonder if that is open to legal challenge? There is no national emergency.
 
By Samanfur
Membership Days Membership Days Posts
#563164
Not as much as you might think. I was reading this earlier today:
Unlike the modern constitutions of many other countries, which specify when and how a state of emergency may be declared and which rights may be suspended, the U.S. Constitution itself includes no comprehensive separate regime for emergencies. Those few powers it does contain for dealing with certain urgent threats, it assigns to Congress, not the president. For instance, it lets Congress suspend the writ of habeas corpus—that is, allow government officials to imprison people without judicial review—“when in Cases of Rebellion or Invasion the public Safety may require it” and “provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.”

Nonetheless, some legal scholars believe that the Constitution gives the president inherent emergency powers by making him commander in chief of the armed forces, or by vesting in him a broad, undefined “executive Power.” At key points in American history, presidents have cited inherent constitutional powers when taking drastic actions that were not authorized—or, in some cases, were explicitly prohibited—by Congress.
 
By Samanfur
Membership Days Membership Days Posts
#563166
More on the money angle here:
“He can declare some kind of national emergency, but what it would allow him to do legally is a totally different question,"said Matt Dallek, professor at Washington University’s Graduate School of Political Management and an expert in presidential power.

Any moves like the one Trump teased on Friday would "certainly" meet with a legal challenge, he added, and the courts have stopped presidents from using states of emergency before. For instance, President Harry Truman tried to nationalize the country's steel industry citing a state of emergency because of the Korean War, Dallek recalled, but the Supreme Court ruled Truman didn't have the authority.

Dallek said he believes the president will run afoul of the courts because in order for Trump to be in the clear, Congress legally still needs to earmark any federal funds for a border wall.

But legal experts said Trump could find surer footing by using "un-obligated" money within the Defense Department's budget, because federal law allows the military to fund construction projects during war or emergencies. A Pentagon spokesman said in December 2018 that Title 10 of the U.S. Code could give the military the authority to fund border barrier projects under certain circumstances.

"The Department of Defense has funds in its account that are not specifically designated for anything. Congress gives them money and says we don't know what’s going to happen over the next year — here’s 100 billion," Harvard Law School Professor Mark Tushnet told NBC News, guessing at an approximate funding amount.
 
By youngian
Membership Days Posts
#563224
Wasn't there a founding father who would have taken the presidency in a Robespierre dictatorship direction? Have there been any other presidents like Trump with no regard for separation of powers and nakedly open about wanting authoritarian executive powers? Nixon on the quiet I suppose.
By Andy McDandy
Membership Days Membership Days Posts
#563230
Harding maybe. Another "outsider" who was going to "shake it all up".

But generally the presidents have played along with the fictions of separation of powers and so on - generally acknowledged the rules of the game even if breaking them - but not this one. He's figuratively driving a bulldozer across the crease, then claiming that because the other side now can't play, he's won.
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