re: So what happens if the next president decides to declare a national emergency on guns?

They would have the true patriots of this country and all their weapons to deal with.

Vs the government? Good luck

quote:

---

honestly don't even know how the USSC really would possess such authority but honestly, we don't have a constitution anymore so who knows.

---

Always thought you were a lawyer. I am a lawyer, and if Trump were my client - i would have advised him to veto, not bc I think he would lose on the issue, but because even if he won on the issue - the way the USSCT decided the issue could create some real problems for him down the road.

Marbury v Madison made Supreme Court ultimate authority on what the constitution means. If Trump ordering a National Emergency violates the separation of powers.

Congress is going to sue him claiming that it has the power of the purse, and it’s a violation of the separation of powers doctrine for Trump to spend money Congress didn’t authorize, and so his EO is unconstitutional based on the separation of powers doctrine.

Trump will argue, that Congress granted the authority to spend money in cases of a national emergency (via statute). Thus, he’s authorized.

The Supreme Court will have to figure out if the border crisis is in fact a national emergency within the meaning of the statue. If it is, then Trump wins, Wall built. Yay in the short term.

But the next time a president who is as scary or scarier than Kamala Harris says, global warming is a national emergency, then if the way national emergency is interpreted to mean thing that is scary, well - President Kamala can declare Medicare for all because somehow, according to the Green New Deal, this cures global warming.

Scary. Scary AF.

Not a fricking thing.

Right to keep and bear arms is IN THE frickING CONSTITUTION.

Non-citizens or people without permanent residence have NO frickING RIGHT to come in to this country.

quote:

---

I think Dems argue NEA itself is unconstitutional.

---

I don’t think they would do that, because the NEA is perfectly constitutional. I also think that this does qualify as a national emergency because the president decides issues related to the national defense, and I see the border as the ultimate thing worth defending. I think that Congress is actually overstepping it’s authority by intervening on his decisions about what he can and cannot order the military to do.

I wish He would just veto it. Say he’s doing it because of this amnesty horseshite they poisoned this with and given them some time to reconsider changing their vote now that the poison pill is disclosed.

Edit: although I do agree with you in principle Boosie. This is dangerous.

quote:

---

I don’t think they would do that, because the NEA is perfectly constitutional. I also think that this does qualify as a national emergency because the president decides issues related to the national defense, and I see the border as the ultimate thing worth defending. I think that Congress is actually overstepping it’s authority by intervening on his decisions about what he can and cannot order the military to do

---

National defense has historically meant protection from military invasion and attack by foreign actors. Hard to make argument immigration fits that definition. I think courts also will want to avoid deciding political questions and setting precedent of deciding whether future situations qualify as a “national emergency” under the act.

I think this scheme is unconstitutional because it lets Executive grab power unilaterally and places supermajority burden on Congress to overrule. Same concerns you have regarding future power grabs, and I think Court pulls a Marbury v Madison and declares entire underlying statute unconstitutional instead of picking between two bad choices in front of them. Scalia dissent is foundation that one branch cannot subsume powers designated to another branch.

But all bets are off if RBG dies before then

quote:

---

Have any of those been used as a precedent for executive level legislation or a government shutdown?

---

Here’s a list:

Wiki

I dare any future POTUS to try it.

quote:

---

Just not certain words.

---

Slander, libel, falsely yelling “fire” in a crowded theater. Your example is weak.

“President Elizabeth Warren today declared a state of national emergency over gun violence. She has instituted a mandatory firearm registration program. Any persons owning guns found to not have been registered will be subject to fines and/or imprisonment.”