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Trump directs Army Corps of Engineers to find money to help fund border wall
- Thread starter GaimeGuy
- Start date
When the US gets some sort of natural disaster this year and people are wondering why there's no money to help...
If you read the whole thing the "requires use of armed forces" still applies to either starting or ending a war. Hence the "armed" part.
Cunt does this, then those states should not pay taxes.
As California resident, I would want to see a federal tax freeze for my state.
Time to fucking revolt.
As California resident, I would want to see a federal tax freeze for my state.
Time to fucking revolt.
Right, and and it's incredibly likely congress steps in, in some way. It's also extremely likely the courts will step in.
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Congress will cry "stop playing politics with American lives" regardless if they support this shit or not. And theyll allocate more money because you have to.
It's only legal under the assumption the Supreme Court and Congress approve of the justification the president suggests for declaring a national emergency. Even the proposed appropriation of funds from the military to support the building of the wall would be denied, based on precedent that this project has been denied under prior military construction appropriation acts. Even if the appropriation of military funds away from other projects were approved, he'd only be able to get a maximum of $50 million.
The term "armed forces" means the Army, Navy, Air Force, Marine Corps, and Coast Guard. It does not have anything to do with a formal war or initiation of hostilities.
It would be up to Congress to pass legislation that would divert these actions before the judicial system could or would step in.
We all know what McConnell will do.
I sure hope those engineers nodded and just ignore Trump
It's not like he'll remember asking this
It's not like he'll remember asking this
Guess we'll have to agree to disagree. I think we can agree on the fact that it will be challenged in court immediately.
Do the funds include those earmarked for Hurricane Florence? Everyone forgets about that one. =/
No. You are not entirely correct.
SCOTUS has no (direct) role here, although Congress could pass a joint resolution to terminate the national emergency. And perhaps someone with easier standing (say, someone whose land was taken via eminent domain) could lodge a case before the courts to determine whether the statutes were properly followed.
The point you raise about this kind of construction being specifically denied does indeed impact things here: as I suspect you understand, the President's Executive power is as its lowest ebb when it's contrary to what Congress has said.
You're correct about the maximum of $50M if the authority we're discussing is 10 U.S.C. § 2803:
But the tweet talks about reprogramming USACE funds. That sounds more like 33 U.S.C. § 2293 (https://www.lawfareblog.com/everyone-calm-down-about-declaration-national-emergency):
Damn that's a deep cut. Hard to argue it's not a domestic policy considering he campaigned on it and there is no actual evidence there is any sort of military justification for this.
I'll add first that I've actually advised commanders on the Posse Comitatus Act.
Because the reprogramming of funds and erecting stupid fucking structures like a border wall doesn't involve carrying out law enforcement functions.
Besides, there's an easier way to "get around" the PCA: provide assistance to feds or Guardsmen on State Active Duty. The active duty military cannot enforce domestic laws. It can, however, provide assistance (like eyes in the sky or handing out water bottles) to law enforcement officials.
Every goddamn day, I think I lose a little more hair.
Also I read this article in Politico today. Even Republicans think the wall is absurd.
https://www.politico.com/story/2019/01/10/border-lawmakers-spurn-trump-wall-proposal-1071707
More at the link.
Also I read this article in Politico today. Even Republicans think the wall is absurd.
https://www.politico.com/story/2019/01/10/border-lawmakers-spurn-trump-wall-proposal-1071707
More at the link.
I mean, do you really want to hear the Flint answer? Because it isn't a good one.
The President is the Commander in Chief as granted by the US Constitution. That law specifically exempts constitutionally granted powers.
User Banned (1 Week): History of advocating violence
Ok.
The mods will have to decide whether or not it is allowable to wish physical harm upon this man, because at this point, he is basically killing people.
Fuck it.
He needs his fucking jaw broken.
As soon as there's someone with standing, I agree. I don't know about individual members of Congress (that's dicey), but as soon as someone's land (or land use rights) is impacted -- absolutely.
I'll concede that I'm not aware of any court bearing upon the interpretation of this statute, and I'll add that I haven't read the legislative history. But, as with most things Trump, I suspect this is an issue of first impression.
If you don't believe for a second that any national emergency he declares will be immediately fought in court, then I've got nothing.
I don't know what you mean by "pull off FEMA funding." DoD activities (USACE) and DHS activities (FEMA) are funded via separate appropriations.
Usually it's FEMA that sends money to DoD activities to reimburse them for disaster relief support, such as -- and this is just one example -- Civil Air Patrol assets providing aerial imagery and situational awareness both before and after disasters hit.
Of course I think it'll be fought in court. I've never said otherwise.
If I'm not clear in my posts, please let me know. I'll try to explain better.
What I meant was that the question of proving standing to maintain a lawsuit (that would survive dismissal on those grounds) would be difficult. That's it.
OOoo boy, this summer and storm season as the global trend moves towards extreme, it is going to be a very interesting time.
I would really like to hear thoughts of his Florida, Texas, Louisiana and California supporters.
Lose everything to own the libs?
Evil incarnate right here.
Actually looking forward for the usual shitbags to defend this.
It's not gonna get built and he knows it, he just wants something somwhere to say "funding for all" so he can declare victory. That's literally all he wants at this point.