Remember Trump's Friday News-conference that was not a News-conference with him stating "I can do it if I want"
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Legal Scholars to Trump: No, You Cannot Declare Emergency to Build Wall That Public Doesn’t Want and Isn’t Needed
“The American constitution does not contemplate such presidential unilateralism.”
by Jon Queally, staff writer
After President Donald Trump on Friday claimed he could declare a national emergency in order to assert total control over the border and use existing taxpayer money to build a wall he has repeatedly told the American public that Mexico would pay for, legal experts are pointing out that Trump has no authority under the Constitution to do any such thing.
“I can do it if I want,” Trump declared Friday. “We can call a national emergency because of the security of our country. We can do it. I haven’t done it. I may do it.”
Calling Trump’s demand for the wall “constitutionally illegitimate” in an op-ed for the Guardian in the wake of the president’s “bizarre” press conference outside the White House, Harvard law professor Lawrence Lessig argued that no reading of the nation’s governing document “would ever uphold the view that a president can stop the functioning of government, to insist upon a program unsupported by the public or unrequired by the constitution.”
Of all the constitutional norms that this president has upset, this, ultimately, may be the most significant. And it is this innovation that the Republicans especially should check. For do they now concur in the precedent that a president has the constitutional authority to insist upon whatever policy he likes, regardless of its support in the public? If a Democrat were elected on the promise to establish single-payer healthcare, does she then have the moral authority to shut down the government until Congress nationalizes the insurance industry? Or directly regulates pharmaceuticals? If she were elected on the promise to address climate change, can she stop the ordinary functioning of government until Congress passes a carbon tax?
The question becomes, can Congress pass a budget bill and make law without the signature of the President?
This will get real interesting.
If you cannot dazzle them with brilliance, baffle them with bullshit WC FieldsWarning DO NOT CLICK HERE!
January 5, 2019 at 10:38 PM #8957
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