Has the supreme court already decided the wall case?

[BluesLegend]

We all know the President has the right to declare a national emergency, but does he have the right to declare a national emergency when none exists, in order to do an end around the Congressional control of the public purse as stipulated by the Constitution, and the answer to that is "NO".

Congress just appropriated over a billion dollars to deal with the emergency, that's an emergency, try to keep up.

 

[bodecea]

Oh I think Trump has the constitution on his side.

The court won't decide on the wall but on whether or not Trump has the right to declare a National Emergency and he does.

We all know the President has the right to declare a national emergency, but does he have the right to declare a national emergency when none exists, in order to do an end around the Congressional control of the public purse as stipulated by the Constitution, and the answer to that is "NO".

Oh so over 11 million illegals in this country that cost we the tax payer billions ever year isn't a national emergency??

Illegals that murder, rape and rob American citizens isn't an emergency??

If you had lost a loved one to an illegal you would be singing a much different tune.

We've had a national emergency pertaining to illegals in this country for decades. Where the hell have you been??

The SC won't be looking at the reason for a NE, they will be looking to see if the POTUS has the right to claim a NE. And he does.

Maybe tiny donnie shouldn't have told us all that he "didn't need to do this", then.

 

[jc456]

the SC will laugh Trumps "emergency" right out of the court room.

Your predictions have been shit, why do you keep making them.

It’s all he’s ever had, facts aren’t a friend of leftists

 

[bodecea]

We all know the President has the right to declare a national emergency, but does he have the right to declare a national emergency when none exists, in order to do an end around the Congressional control of the public purse as stipulated by the Constitution, and the answer to that is "NO".

Congress just appropriated over a billion dollars to deal with the emergency, that's an emergency, try to keep up.

Did Congress call it an emergency?

 

[BluesLegend]

We all know the President has the right to declare a national emergency, but does he have the right to declare a national emergency when none exists, in order to do an end around the Congressional control of the public purse as stipulated by the Constitution, and the answer to that is "NO".

Congress just appropriated over a billion dollars to deal with the emergency, that's an emergency, try to keep up.

Did Congress call it an emergency?

Do you know what a BILLION dollars is? Here this is for you

 

[buckeye45_73]

the SC will laugh Trumps "emergency" right out of the court room.

Your predictions have been shit, why do you keep making them.

Trump said himself there was no emergency you dumbass.

Oh Hes been saying there is one for years, do you even listen to a speech of his or just the leftwing talking points?

 

[buckeye45_73]

Oh I think Trump has the constitution on his side.

The court won't decide on the wall but on whether or not Trump has the right to declare a National Emergency and he does.

We all know the President has the right to declare a national emergency, but does he have the right to declare a national emergency when none exists, in order to do an end around the Congressional control of the public purse as stipulated by the Constitution, and the answer to that is "NO".

Oh so over 11 million illegals in this country that cost we the tax payer billions ever year isn't a national emergency??

Illegals that murder, rape and rob American citizens isn't an emergency??

If you had lost a loved one to an illegal you would be singing a much different tune.

We've had a national emergency pertaining to illegals in this country for decades. Where the hell have you been??

The SC won't be looking at the reason for a NE, they will be looking to see if the POTUS has the right to claim a NE. And he does.

Maybe tiny donnie shouldn't have told us all that he "didn't need to do this", then.

He didn't, he saw what you tards are doing to.the country and said enough

 

[jc456]

We all know the President has the right to declare a national emergency, but does he have the right to declare a national emergency when none exists, in order to do an end around the Congressional control of the public purse as stipulated by the Constitution, and the answer to that is "NO".

Congress just appropriated over a billion dollars to deal with the emergency, that's an emergency, try to keep up.

Did Congress call it an emergency?

Why else would they appropriate the money?

 

[bendog]

Oh I think Trump has the constitution on his side.

The court won't decide on the wall but on whether or not Trump has the right to declare a National Emergency and he does.

We all know the President has the right to declare a national emergency, but does he have the right to declare a national emergency when none exists, in order to do an end around the Congressional control of the public purse as stipulated by the Constitution, and the answer to that is "NO".

I'm not so sure about that. The law gives congress the power to shut down any action he takes. So, the Court may just decide ultimately that it's up to congress, and not the Court, to second guess the executive.

That would be the RIGHT decision imo given that I prefer the Court to only decide where there's a clear violation of statute or const. It's been a long time since I read the Gramm Rudman decision finding it unconstitutional. But that opinion might show my opinion is at odds with a previous opinion

 

[bendog]

We all know the President has the right to declare a national emergency, but does he have the right to declare a national emergency when none exists, in order to do an end around the Congressional control of the public purse as stipulated by the Constitution, and the answer to that is "NO".

Congress just appropriated over a billion dollars to deal with the emergency, that's an emergency, try to keep up.

Did Congress call it an emergency?

Why else would they appropriate the money?

For base construction that's not an emergency, but that may be irrelevant.

 

[CrusaderFrank]

the SC will laugh Trumps "emergency" right out of the court room.

See if you're still laughing when you're working on the South side of Our Wall

 

[Wyatt earp]

the SC will laugh Trumps "emergency" right out of the court room.

Not if Trump's lawyers provide as evidence your posts, everyone knows you are an illegal ******* trying to spread propaganda.


.

 

[jc456]

We all know the President has the right to declare a national emergency, but does he have the right to declare a national emergency when none exists, in order to do an end around the Congressional control of the public purse as stipulated by the Constitution, and the answer to that is "NO".

Congress just appropriated over a billion dollars to deal with the emergency, that's an emergency, try to keep up.

Did Congress call it an emergency?

Why else would they appropriate the money?

For base construction that's not an emergency, but that may be irrelevant.

Why else fund it? Can’t be both, either it is a need or not. And what they gave in no way solves the problem. It would be like putting up a curtain to cover a naked lady, and still see the naked lady!

 

[WillPower]

For the flat-liners in the peanut gallery......the emergency order isn't based on Trump's opinion...it's a legal brief based on crime statistics and DHS and BP recommendations for action. We now have 22,000,000 invaders inside US borders....imagine any other country in the history of the world allowing that to happen. The EO is as much about the commiecrats treasonous attempt to cancel out white working class votes they can never get again....it's why the Rats are fighting so hard against it....everybody knows this but is afraid to offend somebody by saying it. I'm saying it....the country's future rests on the Wall being built immediately. Once that's done, every invader we can get our hands on is going back south.....DACA, all of them. Some will be allowed back if they can show they contribute to our country instead of sucking the life out of it. Don't like it? tough shit.

 

[WillPower]

Maybe tiny donnie shouldn't have told us all that he "didn't need to do this", then.

Maybe you should report Siete to the FBI for threatening to shoot the president....don't pretend you didn't see it, ya mumbling fraud.

 

[sealybobo]

Has the Supreme Court Already Decided the Wall Case?

Interesting. I think Trump AND the country wins the wall case either way but this is interesting.

I think republicans have already decided lots of cases and how they are going to rule.

Trump the other day said exactly how it will go. His national emergency will be challenged in court. If it doesn’t go well in the Court he will appeal all the way up to the Supreme Court and he will win. Trump is a terrible card player. He shows his hand, idiot. That’s why the national security people don’t tell grampa everything.

So why does the Supreme Court wait on abortion? Each day babies die. Why don’t they overturn roe v Wade now?

 

[sealybobo]

the SC will laugh Trumps "emergency" right out of the court room.

Your predictions have been shit, why do you keep making them.

He doesn’t realize this is a new scotus. Kavanaugh owes trump.

 

[busybee01]

Has the Supreme Court Already Decided the Wall Case?

Interesting. I think Trump AND the country wins the wall case either way but this is interesting.

If Trump wins then the country and Republicans lose in the long run. Trump will not win if the Constitution is followed. The Constitution is very clear on Congress' power of the purse. Maybe we should look at DACA as well. The Supreme Court passed on a case this year which means the earliest it can be taken up is in October. John Roberts decided this was a political case and he decided to delay taking one as long as possible in hopes of the people deciding this. If the so-called conservatives show that they are phony conservatives by siding with Trump, Roberts could vote not to take the case and run the clock out.

David French of NR has provided a analysis as well and his opinion is Trump will not win.

With the president’s authority constitutionally constrained in a time of actual war, President Trump won’t have greater power when the “foe” isn’t the Chinese Army but instead a caravan of poor, unarmed Hondurans.

The reason the public largely doesn’t track these emergency declarations is that they don’t make the president an autocrat. Instead, they unlock powers that are themselves limited by statute. And, in this case, the two relevant statutes for the border wall are simply not broad enough to encompass Trump’s dream of “military” eminent domain.

The first statute is 10 U.S.C. Section 2808. Its language is relatively restrictive:

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. [Emphasis added.]
​

Note the key limitations. The president would have to show that the “emergency” requires the use of the military — a difficult task in a time of peace when the relevant border is with a national ally. It’s a task rendered even more difficult by the fact that border security is a function of the civilian Department of Homeland Security, not the Department of Defense.

Even then, the language indicates the funds can be used only to support the “use” of the armed forces. This strongly implies that the funding would be reserved for projects that benefit the military. That conclusion is buttressed by the next section, which relates to a different category of project — those projects that are actually essential to national defense. 33 U.S.C Section 2293 states:

In the event of a declaration of war or a declaration by the President of a national emergency in accordance with the National Emergencies Act [50 U.S.C. 1601 et seq.] that requires or may require use of the Armed Forces, the Secretary, without regard to any other provision of law, may (1) terminate or defer the construction, operation, maintenance, or repair of any Department of the Army civil works project that he deems not essential to the national defense, and (2) apply the resources of the Department of the Army’s civil works program, including funds, personnel, and equipment, to construct or assist in the construction, operation, maintenance, and repair of authorized civil works, military construction, and civil defense projects that are essential to the national defense. [Emphasis added.]
​

Once again, I’ve highlighted the relevant provisions. Section 2293 grants the president greater discretion in one clause, then limits that discretion in another. While the emergency only “may require” use of the military, the project must be both “authorized” and “essential” to “national defense.” The language plainly contemplates shifting of funds from one or more projects to other projects already authorized.

A new or expanded border barrier has not been authorized by any lawful process.

Donald Trump Can’t Use an Emergency Declaration To Build a Wall | National Review

 

[busybee01]

Oh I think Trump has the constitution on his side.

The court won't decide on the wall but on whether or not Trump has the right to declare a National Emergency and he does.

The court must decide on whether a President can use a national emergency to ignore the Congress which refused to fund a wall.

 

[easyt65]

The Wall Case is settled.

Congress gave the President the power to do what he is doing.

Every President since Carter has used it...without butt-hurt snowflakes freaking out.

Barry used it to declare INTER-national emergencies over BS like BURINDI.

This is like Barry, Pelosi, and Schumer voting for and supporting the wall....until Trump wanted to make it happen.

Democrats just need to grow the f* up.