The leftists head will be spinning but apparently he can. He stated in his speech last night that this is a humanitarian and national crisis. As such he has been given certain rights by the founding documents. Those rights are not just on foreign soil but on ours as well when confronted with certain border threats.

Mark Levin mentioned the National Emergency Authorization Act of 1976.

The National Emergencies Act (Pub.L. 94–412, 90 Stat. 1255, enacted September 14, 1976) is a United States federal law passed to stop open-ended states of national emergency and formalize the power of Congress to provide certain checks and balances on the emergency powers of the President. The Act of Congress imposes certain procedural formalities on the President when invoking such powers. The perceived need for the law arose from the scope and number of laws granting special powers to the executive in times of national emergency.

The H.R. 3884 legislation was introduced by a Democrat and passed by 388/5 and apparently was approved without discussion in the Senate in the 94th United States Congress then signed by the 38th President of the United States Gerald R. Ford on September 14, 1976.

Emergencies going forward from 1976: ” SEC. 201. (a) With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register. (b) Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect (1) only when the President (in accordance with subsection (a) of this section), specifically declares a national emergency, and (2) only in accordance with this Act.

Yes there are a list of does,don’ts, how to’s, and reporting …

On March 6 2014, Obama, invoked, inter alia (or among other things), the National Emergencies Act, and signed an executive order that declared a national emergency and ordered sanctions, including travel bans and the freezing of U.S. asset, against not-yet-specified individuals.

Further, September 2001 called up a need for clarification of a President’s powers. The Deputy Counsel to the President issued an opinion which can be read HERE.

“We conclude that the President has broad constitutional power to use military force. Congress has acknowledged this inherent executive power in both the War Powers Resolution and in the Joint Resolution passed by Congress on September 14, 2001. Further, the President has the constitutional power not only to retaliate against any person, organization, or State suspected of involvement in terrorist attacks on the United States, but also against foreign States suspected of harboring or supporting such organizations. Finally, the President may deploy military force preemptively against terrorist organizations or the States that harbor or support them, whether or not they can be linked to the specific terrorist incidents of September 11. We conclude that the Constitution vests the President with the plenary authority, as Commander in Chief and the sole organ of the Nation in its foreign relations, to use military force abroad – especially in response to grave national emergencies created by sudden, unforeseen attacks on the people and territory of the United States. As Hamilton explained in arguing for the Constitution’s adoption, because “the circumstances which may affect the public safety are [not] reducible within certain determinate limits, . . . it must be admitted, as a necessary consequence that there can be no limitation of that authority which is to provide for the defense and protection of the community in any matter essential to its efficiency.” “It is ‘obvious and unarguable’ that no governmental interest is more compelling than the security of the Nation.” Haig v. Agee, 453 U.S. 280, 307 (1981) (citation omitted). Within the limits that the Constitution itself imposes, the scope and distribution of the powers to protect national security must be construed to authorize the most efficacious defense of the Nation and its interests in accordance “with the realistic purposes of the entire instrument.” Lichter v. United States, 334 U.S. 742, 782 (1948). Nor is the authority to protect national security limited to actions necessary for “victories in the field.” Application of Yamashita, 327 U.S. 1, 12 (1946). The authority over national security “carries with it the inherent power to guard against the immediate renewal of the conflict.”

The Deputy Counsel to the President 2001

–##–

Why bring this up? Because it has a LOT to do with what is about to happen. One of the do’s is to be explicit in forming a executive order that lays out exactly each and every purpose for which a president feels the need to present a crisis…it does NOT require approval from Congress according to that National Emergency Act but will be checked and balanced after being declared.

Today, President Trump may have begun to lay the foundations of an emergency and possibly give warning to Pelosi about speaking for the US with Putin as rumored when he posted the following:

Statement by the President LAW & JUSTICE Issued on: January 9, 2019 Today, I have signed into law S. 1862, the “Trafficking Victims Protection Reauthorization Act” (the “Act”). Several provisions of the Act, including sections 6, 7, and 8, purport to dictate the position of the United States in foreign affairs and to direct certain diplomatic actions. My Administration will treat these provisions consistent with the President’s exclusive constitutional authority as the sole representative of the United States in foreign affairs. President Trump

–##–

A bit of back history on this act:



The Trafficking Victims Protection Act (TVPA) of 2000 is the cornerstone of Federal human trafficking legislation, and established several methods of prosecuting traffickers, preventing human trafficking, and protecting victims and survivors of trafficking.

–00–

So hang tight to your MAGA caps and get ready for the next fireworks display. It should be a doozy.

–Uriel–

Share this: Email

Facebook

Twitter

MeWe



Like this: Like Loading...