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Thread: Emergency/No Emergency

  1. #51
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    Re: Emergency/No Emergency

    Quote Originally Posted by ttwtt78640 View Post
    Congress also uses the power to tax and to enforce equal protection of the law to add powers. Unless one can show personal harm (gain standing) and get the SCOTUS to address the matter then there are no limits on what laws congress can enact.
    Yes, Congress does have the power to tax, that was granted to Congress under the 16th amendment, this power was granted to congress via the people and the State through the amendment process. Under this amendment Congress can enact laws specific to this amendment. Congress does not have the power to enact laws that fall outside this amendment.

    Equal protection was granted under the 14th amendment, again this power was granted to Congress via the amendment process, so Congress has the right to enact laws specific to the 14th amendment. Congress does not have the power to enact laws that fall outside this amendment.
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  2. #52
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    Re: Emergency/No Emergency

    Quote Originally Posted by Terryj View Post
    Yes, Congress does have the power to tax, that was granted to Congress under the 16th amendment, this power was granted to congress via the people and the State through the amendment process. Under this amendment Congress can enact laws specific to this amendment. Congress does not have the power to enact laws that fall outside this amendment.

    Equal protection was granted under the 14th amendment, again this power was granted to Congress via the amendment process, so Congress has the right to enact laws specific to the 14th amendment. Congress does not have the power to enact laws that fall outside this amendment.
    Yet a serious dose of mental (legal?) gymnastics is required to stretch (abuse?) the federal power to "tax income from all sources" into a mandate that one must buy a specific "private" good/service or pay a special federal tax penalty for not having done so.
    “The reasonable man adapts himself to the world: the unreasonable one persists to adapt the world to himself.
    Therefore all progress depends on the unreasonable man.” ― George Bernard Shaw, Man and Superman

  3. #53
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    Re: Emergency/No Emergency

    Quote Originally Posted by uptower View Post
    A decent article on why it is not an 'emergency' from the Atlantic:

    https://www.theatlantic.com/ideas/ar...utm_source=twb

    Highlights:

    "Perhaps somebody pointed out that 15-year civil-engineering projects do not look very convincingly like emergency measures. “My house is burning! Time to begin the process of calling for design proposals for a new fire station.”

    The solution to that problem is not a lengthy process of design, tendering, land expropriation, grading, and construction. The solution is to get more adjudicators into the asylum system now. If cases are resolved fast, and border-crossers removed promptly, the surge of asylum seekers will abate, as it abated in 2015 after the Barack Obama administration cracked down on the 2014 Central American border surge."


    And reminding us it's moot now anyway since trump was forced to abandon it:

    "The idea of invoking “emergency powers” was a last grasp for the leverage Trump had already abdicated, and it had to be abandoned for fear of what the courts and public opinion would say."
    Maybe tRump should try this approach:

    Quote Originally Posted by Mycroft View Post
    Who cares about Wall Street?
    "The foreigner residing among you must be treated as your native-born." --Leviticus 19:34

  4. #54
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    Re: Emergency/No Emergency

    Quote Originally Posted by Kal'Stang View Post
    Now to answer your question as it regards the Wall and him using his Emergency Powers to build it.

    I don't honestly know.

    While I personally might view 60k per month of illegals attempting to enter our country illegally as a crisis this does not mean that Congress or the law will see it as such.

    Trump is going to have to prove that there is an emergency based off of what is in existing law. I do not know the law well enough to know if there is a provision in existing law that allows for the type of emergency that Trump is referring to. If he can't then he has no standing to declare this an emergency and will be shot down by the courts.

    If however he can tie it to existing law then he can declare an emergency and the courts (assuming no bias getting involved which frankly now a days I doubt) will not shoot him down.

    However if Congress disagree's with Trump and regardless if he can tie it to existing law, Congress can over ride it with a simple majority vote and a Presidential signature OR with a 2/3rds vote that will over ride Trumps ability to Veto.

    So we'd just need about 20 GOP senators to find their conscience.

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