Marco Rubio is a Drooling Idiot for Claiming Trumps Emergency is Unconstitutional

[JimBowie1958]

Jim, congress did NOT write a law to give the President power to call a National emergency, for something they can handle. They gave him this option, for when they are not in town when a National Emergency occurs or there is no time for Congress to appropriate and pass legislation to handle this NATIONAL EMERGENCY immediately.

National Emergencies Act - Wikipedia

The National Emergencies Act (NEA) (Pub.L. 94–412, 90 Stat. 1255, enacted September 14, 1976, codified at 50 U.S.C. § 1601–1651) is a United States federal law passed to end all previous national emergencies and to formalize the emergency powers of the President.

The Act empowers the President to activate special powers during a crisis but imposes certain procedural formalities when invoking such powers. The perceived need for the law arose from the scope and number of laws granting special powers to the executive in times of national emergency. Congress can undo an emergency declaration with either a joint resolution and the President's signature, or with a veto-proof (two-thirds) majority vote.[1] Powers available under this Act are limited to the 136 emergency powers Congress has defined by law.[2]

The legislation was signed by President Gerald Ford on September 14, 1976.[3] As of February 2019, 59 national emergencies have been declared, more than 30 of which remain in effect.​

National Emergencies Act - Wikipedia

Congress has delegated at least 136 distinct statutory emergency powers to the President upon the declaration of an emergency. Only 13 require a declaration from Congress; the remaining 123 are invoked by an executive declaration with no Congressional input.[2]

Emergency presidential powers are dramatic, and range from suspending all laws regulating chemical and biological weapons, including the ban on human testing (50 U.S.C. § 1515, passed 1969); to suspending any Clean Air Act implementation plan or excess emissions penalty upon petition of a state governor (42 U.S.C. (f) § 7410 (f), passed 1977); to authorizing and constructing military construction projects (10 U.S.C. (a) § 2808 (a), passed 1982) using any existing defense appropriations for such military constructions ($10.4 billion in FY2018[18]); to drafting any retired Coast Guard officers (14 U.S.C. § 331, passed 1963) or enlisted members (14 U.S.C. § 359, passed 1949) into active duty.​

The Southern Border has long been known to be a crisis that previous administration (Bush, Obama) did not manage well even as they recognized the crisis there. Twice funding was passed to build 700 miles of double fence along the border and Bush and Obama failed to follow through. Only 17 miles of the double fence has been built out of 700 authorized and funded by Congress in the 2007 Secure Fence Act.

That is NOT the case with border security.... Congress just passed legislation, of which the president signed, to handle the crisis of border security.

That joke of a 'compromise bill? Congress has agreed to much more before, so why only $1.3 billion now? Because the Dims are afraid it will give Trump a win and the Corporate Crony Network is against any wall.

Congress did their jobs.

Years ago, but they dropped the ball this time purely out of spite for Trump.

They told the President, this is the money we need to handle the crisis, and this is what the money should be spent on, to handle the crisis.

Their own previous proposals exposed the lie in this. Much more money is needed and they know it.

the President can't just buck the will of the people and the constitution and do some sort of reach around, to buck what our representatives voted on.

Lol, Nancy Piglosi does not represent the will of the people.

She represents multinational corporations that have lined her pockets.

 

[JimBowie1958]

So when did Rubio declare that Obama was unconstitutional for declaring his national emergencies?

Crickets.

Obama didn't use national emergencies to steal money that Congress refused to give him.

Trumps transfer of funds is legal and duly authorized by US code of law.

roflmao

 

[Care4all]

The Southern Border has long been known to be a crisis that previous administration (Bush, Obama) did not manage well even as they recognized the crisis there. Twice funding was passed to build 700 miles of double fence along the border and Bush and Obama failed to follow through. Only 17 miles of the double fence has been built out of 700 authorized and funded by Congress in the 2007 Secure Fence Act.

congress wrote a new law to renege the double fence wall, Obama and Bush did build the 700 miles of fencing.

Also, the influx of illegals entering has gone way way way down in numbers from our High.

So you can't say what Obama and Bush did, did nothing Jim.

Illegal immigration has been reduced.

 

[Care4all]

to authorizing and constructing military construction projects (10 U.S.C. (a) § 2808 (a)

but this fence is NOT a military construction project?

 

[Care4all]

That joke of a 'compromise bill? Congress has agreed to much more before, so why only $1.3 billion now? Because the Dims are afraid it will give Trump a win and the Corporate Crony Network is against any wall.

We have 700 miles of a wall/fence ALREADY Jim, in all the hot areas that Border Patrol asked us for.... the bill pays for about 65 more miles of fencing where we have gaps.

the walls/Fencing is NOT meant to stop illegals from crossing.... any wall or double wall or fence or whatever, can be dug under or laddered over....

the walls/Fencing are meant to slow down those crossing so the Border Patrol can catch them....

the wall will not stop them and you can't catch them without Border Patrol increases, night vision, motion detectors etc, etc etc and those things cost money too.... that we need to spend.

 

[JimBowie1958]

The Southern Border has long been known to be a crisis that previous administration (Bush, Obama) did not manage well even as they recognized the crisis there. Twice funding was passed to build 700 miles of double fence along the border and Bush and Obama failed to follow through. Only 17 miles of the double fence has been built out of 700 authorized and funded by Congress in the 2007 Secure Fence Act.

congress wrote a new law to renege the double fence wall, Obama and Bush did build the 700 miles of fencing.

Also, the influx of illegals entering has gone way way way down in numbers from our High.

So you can't say what Obama and Bush did, did nothing Jim.

Illegal immigration has been reduced.

The Secure fence Act of 2006 called for a double layer of fence along 700 miles of border, but was amended to allow the Executive branch to implace the kind of fencing they felt the local terrain required to secure the border.

Under Obama this was determined to a virtual fence in many places.

Secure Fence Act of 2006 - Wikipedia
In 2006, at the time it was passed, George W. Bush's White House touted the fence as "an important step toward immigration reform."[1] The White House Office of the Press Secretary stated that the Act "Authorizes the construction of hundreds of miles of additional fencing along our Southern border; Authorizes more vehicle barriers, checkpoints, and lighting to help prevent people from entering our country illegally; Authorizes the Department of Homeland Security to increase the use of advanced technology like cameras, satellites, and unmanned aerial vehicles to reinforce our infrastructure at the border."[1]

2007 amendment[edit]
The original 2006 act provided for "at least two layers of reinforced fencing" to be built. However, the U.S. Department of Homeland Security (DHS) successfully argued to Congress "that different border terrains required different types of fencing, that a one-size-fits-all approach across the entire border didn't make sense."[6] An amendment introduced by Senator Kay Bailey Hutchison, Republican of Texas, was passed, amending the law to read: "nothing in this paragraph shall require the Secretary of Homeland Security to install fencing, physical barriers, roads, lighting, cameras, and sensors in a particular location along an international border of the United States, if the Secretary determines that the use or placement of such resources is not the most appropriate means to achieve and maintain operational control over the international border at such location."[6]

Erection of the fence[edit]
By April 2009, DHS had erected about 613 miles (985 km) of new pedestrian fencing and vehicle barriers along the southwest border from California to Texas.[7] Delays frustrated some, such as Senator Jim DeMint, Republican of South Carolina, who in 2010 introduced legislation seeking to require completion of the 700-mile-long, double-layered fence. (DHS had since 2007 begun "to shift its focus to erecting a 'virtual fence' along the 2,000-mile border, using sensors, cameras and other high-tech equipment to prevent illegal crossings".) DeMint's legislation was defeated in a 52–45 Senate vote in 2010.[8]

By May 2011, DHS reported completing 649 miles of fencing (99.5% of the 652 miles planned). The barrier was made up of 299 miles of vehicle barriers and 350 miles of pedestrian fence.[6] The fencing includes a steel fence (varying in height between 18 and 26 feet) that divides the border towns of Nogales, Arizona in the U.S. and Nogales, Sonora in Mexico.[9] A 2016 report by the Government Accountability Office confirmed that the government had completed the fence by 2015.[10] A 2017 GAO report noted: "In addition to the 654 miles of primary fencing, CBP has also deployed additional layers of pedestrian fencing behind the primary border fencing, including 37 miles of secondary fencing and 14 miles of tertiary fencing."[11]

Cost[edit]
Although the 2006 law authorized construction of a fence, Congress initially did not fully appropriate funds for it (see authorization-appropriation process). "Congress put aside $1.4 billion for the fence, but the whole cost, including maintenance, was pegged at $50 billion over 25 years, according to analyses at the time."[10]

A 2017 GAO report noted: "According to CBP, from fiscal year 2007 through 2015, it spent approximately $2.3 billion to deploy border fencing along the southwest border, and CBP will need to spend a substantial amount to sustain these investments over their lifetimes. CBP did not provide a current life-cycle costs estimate to maintain pedestrian and vehicle fencing, however, in 2009 CBP estimated that maintaining fencing would cost more than $1 billion over 20 years."[12]


So, as I was saying the original double line of fence was not built. The following map shows what was actually built.

 

[JimBowie1958]

to authorizing and constructing military construction projects (10 U.S.C. (a) § 2808 (a)

but this fence is NOT a military construction project?

It is use of the military to build obstruction to drug trafficking.

 

[Care4all]

to authorizing and constructing military construction projects (10 U.S.C. (a) § 2808 (a)

but this fence is NOT a military construction project?

It is use of the military to build obstruction to drug trafficking.

How did you come to that opinion? That it is up to the Military to build it? Doesn't sound like a Military job to me???

Why did President Trump have all of these private contractors build models and give him estimates if this was a military job???

 

[JimBowie1958]

How did you come to that opinion? That it is up to the Military to build it? Doesn't sound like a Military job to me???
Why did President Trump have all of these private contractors build models and give him estimates if this was a military job???

10 U.S. Code § 284 - Support for counterdrug activities and activities to counter transnational organized crime
10 U.S. Code § 284 - Support for counterdrug activities and activities to counter transnational organized crime
(b)Types of Support for Agencies of United States.—The purposes for which the Secretary may provide support under subsection (a) for other departments or agencies of the Federal Government or a State, local, or tribal law enforcement agencies, are the following:.....
United States and foreign countries (including per diem expenses associated with such transportation), and the transportation of supplies and equipment, for the purpose of facilitating counterdrug activities or activities to counter transnational organized crime within or outside the United States.
The establishment (including an unspecified military construction project) and operation of bases of operations or training facilities for the purpose of facilitating counterdrug activities or activities to counter transnational organized crime of the Department of Defense or any Federal, State, local, or tribal law enforcement agency within or outside the United States.


In this particular case the military is providing aid to the Border Patrol and Department of Homeland Security.

 

[Care4all]

to authorizing and constructing military construction projects (10 U.S.C. (a) § 2808 (a)

but this fence is NOT a military construction project?

It is use of the military to build obstruction to drug trafficking.

90% come through our legal entry ports by land, sea, and air, along with the legal border crossing places.

WHY would they or you spend your/our tax dollars on a wall that won't stop the 90% of illegal drugs coming in???

Such a waste of money Jim.

They can tunnel under, climb over, or fly over with drones or catapult over smaller amounts...

We are better off buying scanning machines, drug sniffing dogs and hiring more border Patrol and drug agents for port of entry spots.

 

[JimBowie1958]

90% come through our legal entry ports by land, sea, and air, along with the legal border crossing places.

No, actually 80% of drugs SEIZED are caught at ports of entry. We have no idea what is getting through the wide open borders.

WHY would they or you spend your/our tax dollars on a wall that won't stop the 90% of illegal drugs coming in???
Such a waste of money Jim.

Well, we dont really know that it wont affect much drug traffic for reasons stated above, but if we tighten security at ports of entry while wide open border remains open, we are essentially trying to tighten our grip on Jello. The serious drug movement will divert to open border in the hinterlands.

We need BOTH more fencing in exposed areas and more sophisticated means of detecting drugs and human smuggling at ports of entry.

They can tunnel under, climb over, or fly over with drones or catapult over smaller amounts...

Which takes them more time, effort and expense, which is win-win for us. This is why BP wants to build more fencing.

We are better off buying scanning machines, drug sniffing dogs and hiring more border Patrol and drug agents for port of entry spots.

WE need that and more fencing to compell them to try to get through stepped up security at ports of entry rather than chancing the desert and other drug lords.

 

[rightwinger]

Family apprehension is a national emergency?

More illegals apprehended at the border is,family or not.

Were they murderers or drug dealers?

WTF does that have to do with it?

What it has to do with is that is the reason Trump is declaring an emergency

He claims he is protecting us from murderers and drug dealers rather than lawn maintenance workers and house maids

Are telling me fathers dont commit crimes?

Of course not
Priests are know pedophiles