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  1. #16
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    What Circuit Court has jurisdiction over D.C.?

    Certainly not the 9th, which is 3400 miles away.

    It would be the 4th, or the Federal Court of Appeals:

    https://en.wikipedia.org/wiki/United...rts_of_appeals
    Last edited by Elessar; 02-16-2019 at 01:59 AM.
    I have lost my mind. If found, please give it a snack and return it?

    "I won't be wronged. I won't be insulted. I won't be laid a hand on. I don't do these things to other people, and I require the same of others"...John Wayne in "The Shootist"

    A Deplorable!

  2. #17
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    I got this from the Warrant Officer MAFIA on Facebook (my son is a CW3):

    Stole this from a friend. I think it’s very well written

    My friend, fellow WO (R), and brother in arms Nathan Dukellis and his wife post this earlier today. I merely copied and pasted it to my wall. It is a Must Read. Cheers to you Nathan and Yvette Dukellis.

    Probably none of you, but my Politically nerdy friends will read this post... It’s long, but I’m tired of getting 1/10th of the news from 30 different channels....

    So after doing some research.... Is the President’s ability to declare a National Emergency and “reprogram” defense budget funds unconstitutional?

    I did my own research into the legality of what’s going on with our government.... This is what I came up with...

    First a “Basic History Lesson”: Congress passes laws, President’s either veto or sign them into law, and the Supreme Court validates the legality under the U.S. Constitution of those laws. (Separate but equal: Legislative, Executive, and Judicial)

    Congress failed to pass immigration reform under President Obama, he signed an executive order called DACA or the Dreamers Act.... He stated when he announced it that it is a short term solution and Congress needed to fix the laws....

    President Trump trying to force Congress to do their jobs rescinded DACA... This made him racist... But it was really Congress who continues to not do what they are supposed to do.

    Congress is supposed to appropriate funds to support organizations and laws already on the books... they haven’t been, so there was another government shutdown.

    This affected many Americans, but was not entirely Trumps fault, we need to be honest with ourselves the Republican and Democrats who have been in Congress for 20 or 30 years are the problem, not President Trump.

    Ok... Let’s take out the political jargon and bias and look at the facts specifically about the Presidents actions today declaring a National Emergency.

    Let’s look at the facts.... I love U.S. Government and History so just the facts...

    Congress has given a president the power to declare a national emergency by 50 U.S.C. 1621 and 50 U.S.C. 1622. A declaration of an emergency allows the President to reprogram funds in the military budget. See 33 U.S. Code § 2293 “Reprogramming during national emergencies.”

    Democrats in Congress may argue that they have power under 50 U.S.C. §1622 which allows the Congress to over-turn a president’s declaration of an emergency, if both the Senate and the House each pass a resolution terminating the President’s declaration of an emergency, than the emergency status terminates under 50 U.S.C. §1622.

    Here is the catch to that. Republicans control the Senate.

    But let us just say they did get the Senate to vote in favor of overturning the National Emergency....

    the Congressional veto process described above has been ruled unconstitutional by the U.S. Supreme Court, in INS v. Chadha, 462 U.S. 919 (1983), finding a legislative veto of Executive Branch action unconstitutional.

    Congress passed many laws which specifically enabled Congress to veto regulations or actions under that law. The U.S. Supreme Court found a legislative veto violates the structure or architecture of the Constitutional system.

    In the case of rather famous Constitutional landmark case — Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952),

    The Supreme Court explicitly ruled that President Dwight D. Eisenhower did not have the power to temporarily nationalize the U.S. steel industry to avert a strike for national defense. However, Youngstown was not that simple. Youngstown analyzed the inherent powers of Commander in Chief as modified by Congressional agreement by statute.

    The Supreme Court said that the President’s powers are at their greatest (zenith) when he acts not only by his inherent powers as President but also by the agreement of a statute passed by Congress. In Youngstown, Eisenhower did not have any statute supporting his action and the Court reasoned that he was actually acting in conflict with relevant statutes.

    So back to today.... President Trump has a statute passed by Congress, the Secure Fence Act of 2006. Even though fence is in the title of the bill... the law doesn’t specifically say fence, but about any kind of barrier customized to the particular terrain in each location to the extent necessary to “the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.”

    Then Secure Fence Act of 2006 states “whatever it takes”

    Congress has already enacted and President George W. Bush signed into law, the Secure Fence Act of 2006. It is already the law of the land that a border wall shall be built along the United States’ Southern border.

    Neither Congress nor any private plaintiff can challenge the official determination that a border wall or barrier shall built. That is the law.

    That is the official determination of both the U.S. Congress and the Commander in Chief.

    There has been no legislation to change this law. Congress has just failed to appropriate the funds to complete what was authorized in 2006.

    Then Senator Hillary Clinton (D-NY), then Senator Barack Obama (D-IL), and still Senator Chuck Schumer (D-NY) voted for this law.

    The Secure Fence Act of 2006 was never implemented (other than a few miles) because Congress did not appropriate the funds to pay for it. There are two steps: Authorization (completed by passing in Congress and Signed by President Bush) and Appropriation of funds (well we all know how this is working out).

    Next the challenge in court option. To bring a lawsuit, one must show that they are tangibly harmed, personally, not just in disagreement with a policy.

    So if President Trump uses some of the $700 billion in the defense bill to build a border wall... How is anyone (American Citizen) harmed?

    Contrary to popular belief, the U.S. Supreme Court has clearly ruled that taxpayers do not have standing to challenge government spending, revenue, or action merely because they are taxpayers. See, Daimlerchrysler Corp. v. Cuno, 126 S.Ct. 1854, 164 L.Ed.2d 589, 547 U.S. 332 (2006). So the Left cannot block Trump’s plans by suing as taxpayers.

    Members of Congress do not have standing either. Certainly individual Members of Congress do not. See Raines v. Byrd, 521 U.S. 811 (1997).

    What about eminent domain?

    That one is tricky... From my reading I don’t see a defense to taking land through eminent domain.... How much compensation will be owed for taking an easement from private land owners could take years to fight out in court.

    But the actual right to use the land cannot be contested. The government can take an easement immediately and then fight later over how much money should be paid to the landowner. The Supreme Court has already set precedent Kelo v. City of New London, Connecticut, 545 U.S. 469, 125 S. Ct. 2655; 162 L. Ed. 2d 439 (2005). (Kelo ruled that it is not even necessary to show a “public purpose” for eminent domain)

    Federal courts have established very strong precedents ruling that almost no one has standing to challenge anything that the government wants to do — unless the government action directly harms the plaintiff personally and individually.

    My conclusion, the President is within his rights to declare the National Emergency, and Congress is to blame for not appropriating funds for a law they already passed in 2006.
    I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them.
    Thomas Jefferson


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  4. #18
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    Now I know that Rand Paul is against this, but that goes without saying in some instances for him, which he is a constant on.

    ---

    Conservative Lawmakers Praise The President’s Decision To Declare A National Emergency

    Top conservatives are praising the president’s decision to declare a National Emergency at the southern border.

    Representative Mark Meadows tweeted Friday, saying he is seeing speculation Congress could override a presidential veto with GOP votes. However, he said that will not happen, because the votes aren’t there.



    Meadows also said there is broad Republican and American support for the president to take legal action to protect families.

    Meanwhile Representative Jim Jordan also chimed in by simply tweeting out “of course it’s a national emergency.” He then listed reasons why, which included caravans and angel families losing loved ones.

    The lawmaker also asked what will it take for the left to acknowledge the crisis at the border.



    https://www.oann.com/conservative-la...nal-emergency/
    “You know the world is going crazy when the best rapper is a white guy, the best golfer is a black guy, the tallest guy in the NBA is Chinese, the Swiss hold the America's Cup, France is accusing the U.S. of arrogance, Germany doesn't want to go to war, and the three most powerful men in America are named "Bush", "Dick", and "Colin." Need I say more?” - Chris Rock

  5. #19
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    I'm sick of these little activist judges BLOCKING presidential powers.

    What I'd like to see is, for the president to IGNORE these shyster leftist judges and just go about his business, until they can PROVE in the SC that THEY have the power to OVER RIDE the president when the ONUS is on THEM to PROVE they're RIGHT.

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