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Title: Will Trump's Declaration of Emergency Authority to Build His Wall be Upheld? Post by: Frodo on February 18, 2019, 09:13:58 PM I'm curious to see just how craven and slavish the Supreme Court has become that it will still defer to Trump even after he publicly admitted that his 'emergency declaration' isn't actually an emergency.
Title: Re: Will Trump's Declaration of Emergency Authority to Build His Wall be Upheld? Post by: Xeuma on February 19, 2019, 01:57:49 PM Of course they will, its what the Framers intended. Somehow.
Title: Re: Will Trump's Declaration of Emergency Authority to Build His Wall be Upheld? Post by: Esteemed Jimmy on February 19, 2019, 04:14:44 PM Yes
Title: Re: Will Trump's Declaration of Emergency Authority to Build His Wall be Upheld? Post by: Big Abraham on February 19, 2019, 04:31:22 PM The Supreme Court almost never restricts the power of the incumbent administration, so yes.
Title: Re: Will Trump's Declaration of Emergency Authority to Build His Wall be Upheld? Post by: True Federalist (진정한 연방 주의자) on February 19, 2019, 07:46:10 PM I don't see SCOTUS overturning either the National Emergencies Act or 10 USC 2808 which deals with emergency uses of military construction funds. The case will hinge upon whether the proposed use of funds meets the definition of "military construction" used in 10 USC 2808.
I don't think it does meet the definition except in areas along the border that are already within military bases. The Posse Comitatus Act among other authorities limits the ability to use the armed forces for civilian purposes and Congress has explicitly made border security a civilian function. Title: Re: Will Trump's Declaration of Emergency Authority to Build His Wall be Upheld? Post by: Amenhotep Bakari-Sellers on February 19, 2019, 07:54:16 PM Yes, and this is why the Crt has Gorsuch and Kavanaugh
Title: Re: Will Trump's Declaration of Emergency Authority to Build His Wall be Upheld? Post by: Frodo on February 19, 2019, 08:12:32 PM Just so everyone knows what Ernest is referring to:
The National Emergency Act (https://www.govinfo.gov/content/pkg/STATUTE-90/pdf/STATUTE-90-Pg1255.pdf) And: 10 U.S. Code § 2808 - Construction authority in the event of a declaration of war or national emergency (https://www.law.cornell.edu/uscode/text/10/2808) Title: Re: Will Trump's Declaration of Emergency Authority to Build His Wall be Upheld? Post by: Skill and Chance on February 23, 2019, 02:40:37 PM Does anyone seriously think Roberts will go along with this at this point?! I would be pretty shocked if there are more than 2 votes (Thomas and Alito) to uphold a National Emergency in this context.
Title: Re: Will Trump's Declaration of Emergency Authority to Build His Wall be Upheld? Post by: Xeuma on February 27, 2019, 04:32:25 AM Does anyone seriously think Roberts will go along with this at this point?! I would be pretty shocked if there are more than 2 votes (Thomas and Alito) to uphold a National Emergency in this context. It's obvious by now that this Supreme Court will go along with the Trump agenda as much as they can possibly justify. 5-4 in favor of Trump. Title: Re: Will Trump's Declaration of Emergency Authority to Build His Wall be Upheld? Post by: Sestak on February 27, 2019, 05:20:43 PM Yeah tbh it would be completely unsurprising if it was, and a pleasant surprise if it was struck down.
Title: Re: Will Trump's Declaration of Emergency Authority to Build His Wall be Upheld? Post by: Hammy on March 01, 2019, 06:49:25 PM The Supreme Court almost never restricts the power of the incumbent administration, so yes. They do if the other side is in power. |