Nat Emergency won’t create precedent for Dems

Obama has 10 “national emergencies” that still in place today. People with this chicken little shite are misinformed

Sounds like we're going from "They do it, so it's ok if we do it" to "they would do it if they had a chance, so it's ok if we do it."

Seems like a terrible way to measure right and wrong, or at least long-term political expediency.

(no message)

He can use U.S. Code without declaring an emergency.

quote:

---

It is dangerous allowing the risk these people could declare a crisis.

---

If want to try to do it, they are going to try and do it. Nothing is going to stop them. They aren't going to say "I'd like to declare a national emergency over global warming, but because Trump didn't declare the border an emergency, it wouldn't be right if we it."
They already think the threat of global warming dwarfs the threat at the border.

quote:

---

Nat Emergency won’t create precedent for Dems

---

Regardless. Watch how Trump moves this. POTUS has said he will use executive action up to and including a National Emergency. But there is a lot of funding movement available through Executive Action shy of declaring a National Emergency. What POTUS just did is FORCE McConnell to sign off on not opposing POTUS using National Emergency as a basis for funding. He'll seek Barr's advice if he goes that direction. But getting the Senate to tacitly agree not to obstruct National Emergency implementation was a big deal.

quote:

---

As of January 2019, 58 national emergencies had been declared since the Act was enacted in 1976, with 31 of them being renewed annually

---

Why are people acting like this is a new thing that will set a “precedent”?

Well that and there are 31 already active

All the statute (50 USC §§ 1601, et seq.) says is the President must periodically transmit to Congress “a report on the total expenditures incurred by the United States Government ... which are directly attributable to the exercise of powers and authorities conferred by such declaration.” The statute applies to “declared national emergency statutes” (i.e., those statutes in other areas of the US Code) as well other situations. There’s an opinion from DOJ citing a case that otherwise it would violate the basic principle that “[a] statute should be construed so that effect is given to all its provisions, so that no part will be inoperative or superfluous, void or insignificant.”

It’s important to point out that the above ties into the ability to reprogram funds from the CoE as provided in the Army Civil Works law, 33 USC § 2293: In the event of a declaration by the President of a national emergency in accordance with the National Emergencies Act [50 U.S.C. 1601 et seq.] that requires or may require use of the Armed Forces, the Secretary, without regard to any other provision of law, may (1) terminate or defer the construction, operation, maintenance, or repair of any Department of the Army civil works project that he deems not essential to the national defense, and (2) apply the resources of the Department of the Army’s civil works program, including funds, personnel, and equipment, to construct or assist in the construction, operation, maintenance, and repair of authorized civil works, military construction, and civil defense projects that are essential to the national defense.