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Thread: Delegation of legislative power and the National Emergencies Act

  1. #1

    Delegation of legislative power and the National Emergencies Act

    Keep in mind when reading the following, we are talking about The National Emergencies Act, and specifically 10 U.S. Code Section 2808 and 33 U.S. Code Section 2293. which delegate certain powers to the President under a declared emergency.


    The rule is, a legislature may not delegate to a subordinate body authority to do something that is beyond its own powers, and an improper delegation of legislative power, although acted on, is without force!___ See Am Jur vol. 16, Constitutional law, LEGISLATIVE POWER, RULE BARRING DELEGATION


    But, ''It will not be contended,'' wrote Chief Justice Marshall in 1825, ''that congress can delegate to the courts, or to any other tribunals, powers which are strictly and exclusively legislative. But congress may certainly delegate to others, powers which the legislature may rightfully exercise itself.'' Wayman v. Southard, 23 U.S. (10 Wheat.) 1, 41 (1825).


    The simple truth is, committees, boards, and other bodies created by Congress or appointed by the President do not have constitutionally authorized power to create law which the Congress, and only the Congress___ the people’s elected Senators and Representatives ___ are charged with creating. To allow an unelected body to create law would be in violation of our Constitution’s guarantee to a “Republican Form of Government”.

    So, the question is, Does Congress have legislative authority over the subject matter contained in The National Emergencies Act? And, the answer to that question is a resounding YES. A second question is, as related to President Trump’s action is, is he creating law, or acting under law created by Congress?

    Those who may be interested in pursuing the matter further, as I have many years ago, google “unlawful delegation of legislative power”.


    The bottom line is, the 12 Republicans who voted against Trump's actions voted against Trump acting within the authorized limits of the National Emergencies Act. If they really are against Trump, or any other future president being able to redirect funds as stated in the NEA, their option is to introduce legislation to alter the ACT. But to go against President Trump, for exercising a lawful delegation of power, is an attack upon our very system of government.


    Rand Paul, as well as the other eleven, are full of crap when it comes to adhering to the rule of law and Constitutional limits, and their vote borders on giving aid and comfort to domestic enemies who are intent on destroying our country from within by filling our country with the poverty stricken, poorly educated, low skill, disease carrying and criminal populations of other countries.

    Regards,

    JWK


    It was February of 2019 when an ongoing invasion of America’s borders swelled to tens of thousands a month, not a shot was fired to defend the borders of the United States, and America’s domestic enemies, socialists, communists and anarchists in Congress, pushed forward with their attempt to embrace the invasion in hopes of conquering a prosperous and freedom loving people.



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  3. #2
    Quote Originally Posted by johnwk View Post
    So, the question is, Does Congress have legislative authority over the subject matter contained in The National Emergencies Act? And, the answer to that question is a resounding YES.
    Congress does not have the legislative authority to appropriate an undefined and unlimited amount of money out of an indeterminate number of future budgets.

    The very idea is ludicrous.
    Quote Originally Posted by Swordsmyth View Post
    You only want the freedoms that will undermine the nation and lead to the destruction of liberty.

  4. #3
    Quote Originally Posted by acptulsa View Post
    Congress does not have the legislative authority to appropriate an undefined and unlimited amount of money out of an indeterminate number of future budgets.

    The very idea is ludicrous.
    And? A new budget is created every year, with specific allocations made, including those mentioned in the NEA.


    JWK


    In every communist dictatorial oppressive country, like Cuba, the people are disarmed. Forewarned is forearmed.

  5. #4
    The key word being "specific".

    Do you want the next Democrat in the White House to declare an emergency and gut the ICE budget to get money to spend on gun control? I don't. That is what you're begging for.

    The Constitution is important.
    Last edited by acptulsa; 03-16-2019 at 09:45 AM.
    Quote Originally Posted by Swordsmyth View Post
    You only want the freedoms that will undermine the nation and lead to the destruction of liberty.

  6. #5
    Quote Originally Posted by acptulsa View Post
    The key word being "specific".

    Do you want the next Democrat in the White House to declare an emergency and gut the ICE budget to get money to spend on gun control? I don't. That is what you're begging for.
    Did you read the following?


    The bottom line is, the 12 Republicans who voted against Trump's actions voted against Trump acting within the authorized limits of the National Emergencies Act. If they really are against Trump, or any other future president being able to redirect funds as stated in the NEA, their option is to introduce legislation to alter the ACT. But to go against President Trump, for exercising a lawful delegation of power, is an attack upon our very system of government.


    JWK

    Alexandria Ocasio-Cortez claims to be an advocate of hard working people living in the Bronx. If that is so, why is she not advocating an end to the unconstitutional “Temporary Victory Tax” of 1943, which began federal confiscation of the bread which working people have earned by the sweat of their labor?

  7. #6
    Quote Originally Posted by acptulsa View Post
    The key word being "specific".

    Do you want the next Democrat in the White House to declare an emergency and gut the ICE budget to get money to spend on gun control? I don't. That is what you're begging for.

    The Constitution is important.
    You don't understand what you are talking about. NEA doesn't allow the executive to redirect any funds in the entire government for any purpose. Please read the referenced 10 U.S. Code Section 2808 and 33 U.S. Code Section 2293 in the original post.
    Last edited by spudea; 03-16-2019 at 10:15 AM.
    I just want objectivity on this forum and will point out flawed sources or points of view at my leisure.

    Quote Originally Posted by spudea on 01/15/24
    Trump will win every single state primary by double digits.
    Quote Originally Posted by spudea on 04/20/16
    There won't be a contested convention
    Quote Originally Posted by spudea on 05/30/17
    The shooting of Gabrielle Gifford was blamed on putting a crosshair on a political map. I wonder what event we'll see justified with pictures like this.

  8. #7
    Quote Originally Posted by spudea View Post
    You don't understand what you are talking about. NEA doesn't allow the executive to redirect any funds in the entire government for any purpose. Please read the referenced 10 U.S. Code Section 2808 and 33 U.S. Code Section 2293 in the original post.
    That doesn't cover it. Arguably doesn't cover half of it.

    https://www.cnbc.com/2019/02/15/here...come-from.html

    official explained that the money will be pulled from the following areas:

    $1.375 billion from the Homeland Security appropriations bill
    $600 million from the Treasury Department’s drug forfeiture fund
    $2.5 billion from the Department of Defense’s drug interdiction program
    $3.6 billion from the Department of Defense’s military construction account
    Quote Originally Posted by Swordsmyth View Post
    You only want the freedoms that will undermine the nation and lead to the destruction of liberty.

  9. #8
    As far as I read with the NEA it grants the Congress to cancel the national emergency for any reason. The wall gives people false hope because the national emergency isn't about the wall it's about spending, the national emergency claims Congress isn't spending money right and they aren't so being against this idea is like saying Congress is spending the money right. The end result is that people will come to the conclusion that government can spend your money wisely as long as it's my guy doing it. This is the reason why Rand could not support it which I agree with him on premise but what people are hearing from the MSM talking points is that Rand thinks Congress is spending money right.



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  11. #9
    Quote Originally Posted by spudea View Post
    Please read the referenced 10 U.S. Code Section 2808 and 33 U.S. Code Section 2293 in the original post.

    Yes. They need to read those sections, e.g.,

    Yale Law’s John Fabian Witt as cited two possible statutes that the White House could use in an executive order or proclamation. One was U.S. Code § 2293, which allows the Secretary of the Army in a national emergency to “apply the resources of the Department of the Army’s civil works program … [to] the construction, operation, maintenance, and repair of authorized civil works, military construction, and civil defense projects that are essential to the national defense.”The other was U.S. Code § 2808, which allows the Defense Secretary during a national emergency to “undertake military construction projects … not otherwise authorized by law that are necessary to support such use of the armed forces. Such projects may be undertaken only within the total amount of funds that have been appropriated for military construction.”
    LINK



    JWK

  12. #10
    Quote Originally Posted by acptulsa View Post
    That doesn't cover it. Arguably doesn't cover half of it.

    https://www.cnbc.com/2019/02/15/here...come-from.html
    The rest is covered under different law, didn't need or rely on the NEA.
    I just want objectivity on this forum and will point out flawed sources or points of view at my leisure.

    Quote Originally Posted by spudea on 01/15/24
    Trump will win every single state primary by double digits.
    Quote Originally Posted by spudea on 04/20/16
    There won't be a contested convention
    Quote Originally Posted by spudea on 05/30/17
    The shooting of Gabrielle Gifford was blamed on putting a crosshair on a political map. I wonder what event we'll see justified with pictures like this.

  13. #11
    Quote Originally Posted by acptulsa View Post
    Congress does not have the legislative authority to appropriate an undefined and unlimited amount of money out of an indeterminate number of future budgets.

    The very idea is ludicrous.
    Where in the Constitution does it say that?

    Maybe it should, but it doesn't.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment



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