Welcome, Guest. Please login or register.
Did you miss your activation email?
June 26, 2019, 02:49:55 am
News: 2020 Presidential Predictions (General) are now active.

  Atlas Forum
  General Discussion
  Constitution and Law (Moderator: True Federalist)
  Will Trump's Declaration of Emergency Authority to Build His Wall be Upheld?
« previous next »
Pages: [1] Print
Poll
Question: Do you think the Supreme Court will uphold Trump's 'emergency' declaration to build his wall?
#1Yes  
#2No  
Show Pie Chart
Partisan results

Total Voters: 21

Author Topic: Will Trump's Declaration of Emergency Authority to Build His Wall be Upheld?  (Read 647 times)
Frodo
YaBB God
*****
Posts: 18,203
United States


WWW Show only this user's posts in this thread
« 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. 

Logged
Left-Libertarian
Xeuma
Sr. Member
****
Posts: 421


Political Matrix
E: -4.19, S: -7.22

P P P
Show only this user's posts in this thread
« Reply #1 on: February 19, 2019, 01:57:49 pm »

Of course they will, its what the Framers intended. Somehow.
Logged
Esteemed™ Speaker Jimmy7812
Jimmy7812
Atlas Politician
YaBB God
*****
Posts: 3,546
United States


Political Matrix
E: -2.87, S: -1.82

P P
Show only this user's posts in this thread
« Reply #2 on: February 19, 2019, 04:14:44 pm »

Yes
Logged
Big Abraham
YaBB God
*****
Posts: 1,307
United States


Political Matrix
E: -6.45, S: -4.70

Show only this user's posts in this thread
« Reply #3 on: February 19, 2019, 04:31:22 pm »

The Supreme Court almost never restricts the power of the incumbent administration, so yes.
Logged
True Federalist
Ernest
Moderator
YaBB God
*****
Posts: 36,802
United States


WWW Show only this user's posts in this thread
« Reply #4 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.
Logged
Anthony Davis is Awesome
olawakandi
YaBB God
*****
Posts: 25,151
United States


Political Matrix
E: -6.84, S: -0.17

Show only this user's posts in this thread
« Reply #5 on: February 19, 2019, 07:54:16 pm »

Yes, and this is why the Crt has Gorsuch and Kavanaugh
Logged
Frodo
YaBB God
*****
Posts: 18,203
United States


WWW Show only this user's posts in this thread
« Reply #6 on: February 19, 2019, 08:12:32 pm »

Just so everyone knows what Ernest is referring to:

The National Emergency Act

And:

10 U.S. Code § 2808 - Construction authority in the event of a declaration of war or national emergency

Logged
Skill and Chance
YaBB God
*****
Posts: 4,634
Show only this user's posts in this thread
« Reply #7 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.
Logged
Left-Libertarian
Xeuma
Sr. Member
****
Posts: 421


Political Matrix
E: -4.19, S: -7.22

P P P
Show only this user's posts in this thread
« Reply #8 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.
Logged
Sestak
jk2020
YaBB God
*****
Posts: 8,772


Show only this user's posts in this thread
« Reply #9 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.
Logged
Hammy
YaBB God
*****
Posts: 2,981
United States


WWW Show only this user's posts in this thread
« Reply #10 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.
Logged
Pages: [1] Print 
« previous next »
Jump to:  


Login with username, password and session length
Logout

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

© Dave Leip's Atlas of U.S. Elections, LLC