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Let’s get a standard of what qualifies for a national emergency

Posted on 1/18/19 at 9:26 pm
Posted by boosiebadazz
Member since Feb 2008
80112 posts
Posted on 1/18/19 at 9:26 pm
I know DJT says he has the right to declare it and I’m familiar with the law passed in the 1970’s requiring both chambers to pass resolutions to override the declaration from POTUS.

But let’s assume tomorrow he announces a national emergency and gets the wall built. Can we get some universal standard established so the next Dem president can’t declare a national emergency and do whatever he/she wants?

Posted by WoWyHi
Member since Jul 2009
23339 posts
Posted on 1/18/19 at 9:26 pm to
quote:

Can we get some universal standard established so the next Dem president can’t declare a national emergency and do whatever he/she wants?


This is honestly why I think it's a very bad idea.
Posted by CamdenTiger
Member since Aug 2009
62355 posts
Posted on 1/18/19 at 9:27 pm to
Another caravan just crossed into Mexico, and the Mexicans let them across with an open gate....Build the damn wall!!!
Posted by boosiebadazz
Member since Feb 2008
80112 posts
Posted on 1/18/19 at 9:28 pm to
It’s very dangerous precedent. It was very shortsighted to require both chambers to consent to override.

I think the courts will ultimately keep constitutional constraints, but let’s ignore that possibility for now.

I want to hear from some posters here about what qualifies as a national emergency to allow such great unilateral power.
Posted by WoWyHi
Member since Jul 2009
23339 posts
Posted on 1/18/19 at 9:29 pm to
quote:

what qualifies as a national emergency to allow such great unilateral power.



I really don't know. It should definitely be defined and narrow in scope, use, and implementation.
Posted by Vacherie Saint
Member since Aug 2015
39351 posts
Posted on 1/18/19 at 9:30 pm to
Good luck with setting standards on the completely unpredictable.

A flood? An invasion? An attack? Famine Disease? Presidents have this discretion because judgement is required to determine what’s a national emergency.
Posted by Powerman
Member since Jan 2004
162188 posts
Posted on 1/18/19 at 9:30 pm to
It's obviously a bad precedent to set and I think that's why he hasn't exercised that authority and is very reluctant to do so.
Posted by Powerman
Member since Jan 2004
162188 posts
Posted on 1/18/19 at 9:33 pm to
quote:

Good luck with setting standards on the completely unpredictable.

A flood? An invasion? An attack? Famine Disease? Presidents have this discretion because judgement is required to determine what’s a national emergency

Right. But as pointed out this could be a dangerous precedent and executive overreach.

Let's say in 2024 a far left candidate wins and declares climate change a national emergency and mandates a 3 dollar a gallon increase on federal excise taxes on all hydrocarbon based fuels. Could you see that being problematic? I could.
Posted by Lsuhoohoo
Member since Sep 2007
94297 posts
Posted on 1/18/19 at 9:33 pm to
quote:

Can we get some universal standard established so the next Dem president can’t declare a national emergency and do whatever he/she wants?


I'll go on record and say I don't like the national emergency route for this reason. Precedent is everything in D.C. and they're all just waiting for someone to make the first move and then its established protocol.

I may like the ultimate outcome of getting the wall built but lets say in the future that it's President Warren or Harris wanting to get around Congress and get funding for one of their pet projects.
This post was edited on 1/18/19 at 9:35 pm
Posted by CleverUserName
Member since Oct 2016
12489 posts
Posted on 1/18/19 at 9:33 pm to
quote:

It’s very dangerous precedent


The nuclear option and writing law by EO is too.

A huge mistake made by the right is the thought of “if we decline to do this... the left will also decline it when they are presented with the possibility”.

It’s an absolutely false assumption.
Posted by G The Tiger Fan
Member since Apr 2015
103367 posts
Posted on 1/18/19 at 9:33 pm to
quote:

But let’s assume tomorrow he announces a national emergency and gets the wall built. Can we get some universal standard established so the next Dem president can’t declare a national emergency and do whatever he/she wants?
Next Dem president = national emergency
Posted by CptBengal
BR Baby
Member since Dec 2007
71661 posts
Posted on 1/18/19 at 9:34 pm to
Welcome back.
Posted by wickowick
Head of Island
Member since Dec 2006
45786 posts
Posted on 1/18/19 at 9:35 pm to
Elections have consiquences...
Posted by WoWyHi
Member since Jul 2009
23339 posts
Posted on 1/18/19 at 9:35 pm to
Next Dem President will declare mass shooting and guns. This is why it's bad. Then the next Republican President says abortion is, etc.

This isn't a good path to head down.
Posted by Powerman
Member since Jan 2004
162188 posts
Posted on 1/18/19 at 9:37 pm to
quote:

Elections have consiquences...

Right. But we also have presidential term limits. Which is why it's folly to want executive overreach.

You might get what you want this time and get a lot of shite you really don't want later.
Posted by DallasTiger11
Los Angeles
Member since Mar 2004
11804 posts
Posted on 1/18/19 at 9:37 pm to
I’m on the fence about this but there have been a ton of these declared and we are still under many that people don’t even know about.

What are some of the weaker ones that have been declared?
Posted by boosiebadazz
Member since Feb 2008
80112 posts
Posted on 1/18/19 at 9:38 pm to
You’re a good dude. Appreciate you bringing it to Cluckster’s attention
Posted by Powerman
Member since Jan 2004
162188 posts
Posted on 1/18/19 at 9:38 pm to
quote:

I’m on the fence about this but there have been a ton of these declared and we are still under many that people don’t even know about.

What are some of the weaker ones that have been declared?


Legit question. Who made the call to ground all flights on 9/11? Was that an executive decision? I don't remember.
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29639 posts
Posted on 1/18/19 at 9:39 pm to
I'd rather we shitcan the whole thing tbh
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
67519 posts
Posted on 1/18/19 at 9:39 pm to
Foreign Invaders crossing borders has been a crisis issue for many centuries.
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