Who takes him to court here? Congress?
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I’m guessing whatever department he tries to ‘reallocate’ money from, along with any land owners along the border who aren’t willing to give up their property in the name of eminent domain.
In addition, can Congress sue him for trying to go around them like this?
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The eminent domain fight for all the private property he will have to seize to make the wall. The government agencies he will have to raid to get the funds. I am sure there is quite a long list.
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twice in one day
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He obviously feels intimidated by having his flabby butt handed to him three times in a row by Nancy Pelosi and wants to deflect & try and change the story.
Sorry Donnie - but Nancy kicked your butt. She owned you.
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I guess my issues are that: 1) fighting eminent domain is a very tough fight; 2) those agencies are run by people he appointed, aren’t they?
I feel like either the legislative branch is taking the executive branch to court for rejecting legislative authority or I’m not sure anyone will.
I’m not sure, maybe if he takes money away from disaster relief somewhere else then they could sue him (e.g. California sues over having money diverted from fires to a non-emergency).
Anyway, I guess I’ll just wait and see. I just find the idea of branches of government getting into legal spats with one another intriguing (in Canada the legislative and executive parts of government are the same thing).
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Obligatory:
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(b) Termination review of national emergencies by Congress
Not later than six months after a national emergency is declared, and not later than the end of each six-month period thereafter that such emergency continues, each House of Congress shall meet to consider a vote on a joint resolution to determine whether that emergency shall be terminated.
© Joint resolution; referral to Congressional committees; conference committee in event of disagreement; filing of report; termination procedure deemed part of rules of House and Senate
http://uscode.house.gov/view.xhtml?path=/prelim@title50/chapter34&edition=prelim
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There’s not much of a counter; you don’t just declare a national emergency and the vaults open up. Some strict criteria have to be met, if they aren’t met, it goes to court where the court pulls out the list of criteria, asks “okay, render unto us an emergency” and if they cannot, the vault stays closed. Pretty checkbox stuff, frankly.
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Can I get a citation on this? Did a google search and couldn’t find.
Agreed. Much like the Kim summit, he thinks it makes him look decisive and tough, but he has no clue how much it diminishes his stature. Freaking Nancy Pelosi looks like a benevolent mastermind and he looks like a fumbling moron trying to save face.
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CNN:
After he signs national emergency and executive action paperwork, Trump said, “We will then be sued,” rattling off a possible chain of events, which included bad ruling in the 9th Circuit Court, which he has previously lamented.
“We will possibly get another bad ruling, and then we’ll get another bad ruling, and then we’ll end up in the Supreme Court,” Trump said, comparing the process to challenges to his administration’s travel ban.
“And then, hopefully, we’ll get a fair shake.”
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I am not staking my reputation on this or anything…but many members of the GOP are coming out very very much against the idea of an NE for this on the Nostradumbass’s part.
Mainly if they allow it this time it sets precedence (especially if it gets challenged and upheld through the Supreme Court) for another POTUS (D) to then do the same thing over say the 2nd Amendment, Military spending budget, Tax cuts/increases, sweeping policy changes like The New Green Deal, etc.
We shall see if they grow a spine on this one or not.
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I was also listening to NPR this morning, and appreciated that they were like “… nah, that’s enough. We’re going to stop listening now, and go over to our fact checkers.”
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The sort of ‘eminent domain’ that exists in the President’s fevered fantasies might have the effect of establishing some Third Amendment jurisprudence. Nobody knows the contours of that right, because it hasn’t been litigated. Of course, that’s because no previous administration has come even close to quartering. That’s what Trump’s ‘military eminent domain’ smells like!
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Mitch McConnell has already given his complete approval of being circumvented, so any legal action would be on the part of the House alone. I fully expect them to try to rally a vote to overrule the emergency, and then pursue a lawsuit.
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Remember this when this national emergency declaration gets challenged in the courts:
— Brian Latimer (@briskwalk) February 15, 2019
"I didn't need to do this." https://t.co/Uie3rbRBrz
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“Don’t be silly, we’ll never have a president who is manifestly unfit for the job”.
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That line may come back to haunt him.
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Just put that on a loop.
He also says in that clip, that not only did he not need to do it, but that he could have waited and done it over more time.
Great rationale at the announcing of an emergency.
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