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Sun Feb 10, 2019, 09:38 PM

There's No National Emergency At Our Border

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Reply There's No National Emergency At Our Border (Original post)
struggle4progress Feb 10 OP
struggle4progress Feb 10 #1
struggle4progress Feb 10 #2
struggle4progress Feb 10 #3
struggle4progress Feb 10 #4

Response to struggle4progress (Original post)

Sun Feb 10, 2019, 09:44 PM

1. Democrats could fight a national emergency declaration

Gregory Korte, USA TODAY
Published 11:36 a.m. ET Feb. 8, 2019
Updated 4:06 p.m. ET Feb. 8, 2019

After Hurricane Katrina devastated the Gulf Coast in 2005, President George W. Bush declared a national emergency to do something Republicans had long wanted to do anyway: He suspended prevailing wage laws on federal contracts to rebuild the region.

Labor unions protested. Democrats signed on to a bill to rewrite the law. Even dozens of moderate Republicans asked Bush to reconsider.

But then a single congressman used a parliamentary maneuver – never attempted before or since – to challenge the underpinnings of the national emergency itself.

Bush backed down without even a vote ...


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Response to struggle4progress (Original post)

Sun Feb 10, 2019, 09:46 PM

2. Tweets could be used against him in court if he declares an emergency

By Deanna Paul and Fred Barbash
February 6

For weeks, President Trump has toyed with the idea of invoking emergency authority to build the southern border wall. Despite Senate Republicans’ warnings against an emergency declaration, once again, Trump made a case for one during Tuesday’s State of the Union address, calling the situation at the U.S.-Mexico border “an urgent national crisis.”

In 1976, Congress passed the National Emergencies Act, which gave the president the right to pronounce a national emergency on a whim. The act offers no definition of “emergency” and gives the president access to dozens of laws with specialized funds. Although none automatically allocate additional money to the president during a national emergency, legal experts have pointed to two emergency powers that could shift Defense Department funding ...

Private landowners whose property is seized under the rule of eminent domain would have standing to file suit. States that were expecting diverted funds could sue, if they can show sufficient injury. Attorneys from environmental and civil rights groups have also made known their intentions to sue.

From Twitter to campaign speeches, Trump has provided plenty of ammunition for potential litigants. Few if any presidents have made so many unguarded and ill-informed statements, and Trump’s have been used quite effectively against his administration and his own policies. Dozens of important policy decisions have been blocked by judges just in the first two years ...


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Response to struggle4progress (Original post)

Sun Feb 10, 2019, 09:49 PM

3. Democrats hope to protect California flood money

FEBRUARY 08, 2019 03:00 AM,
UPDATED FEBRUARY 08, 2019 11:31 AM

... This week, he told reporters that he could use that power and divert money from the Army Corps of Engineers. Democrats worry that could mean taking money away from ongoing projects in Northern California, like raising Folsom Dam ...

California Rep. John Garamendi, for example, has written a bill that would restrict the president’s power to divert funding for U.S. Army Corps of Engineers projects — such as the ones underway to improve flood protection in the Sacramento region.

NBC News reported last month that the White House was considering pulling money from a $12 billion disaster relief fund for civil works projects to build the president’s long-promised wall on the border with Mexico, after House Democrats refused to allocate the $5.7 billion he has demanded ...


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Response to struggle4progress (Original post)

Sun Feb 10, 2019, 09:53 PM

4. Chief of Staff Says Another Shutdown Might Be Unavoidable

Nathalie Baptiste
February 10, 2019 1:56 PM

... “You cannot take a shutdown off the table and you cannot take $5.7 billion <for the wall>off the table,” White House chief of staff Mick Mulvaney said Sunday morning on Meet the Press. Congress has until Friday to .. prevent a second shutdown ...

On another Sunday show, Sen. Richard Shelby (R-Ala.), the chair of the Appropriations Committee, said there was a “50/50” chance that Congress would be able to make a deal ...

Polling shows that most Americans blame Trump and the Republicans for the impasse and have little appetite for a second shutdown. The president has also floated the idea of declaring a national emergency in order to circumvent Congress and secure funding for a wall. Polls show that Americans don’t like that idea either.


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