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If he calls a fake "national emergency", we need governors to nullify it in their states. (Original Post) roamer65 Jan 2019 OP
We need the entire DOD to rise up against him RainCaster Jan 2019 #1
Putin wins if DOD "stands up to" the president lostnfound Jan 2019 #7
I don't know the relevant law governing this sort of thing, but I doubt governors have the ability RockRaven Jan 2019 #2
How? There's a constitutional principle of federal supremacy. The Velveteen Ocelot Jan 2019 #3
Although Ohiogal Jan 2019 #5
To build the wall the government will have to take a whole lot of private property The Velveteen Ocelot Jan 2019 #8
That might happen in CA, but not in TX n/t TexasBushwhacker Jan 2019 #4
He's talking about taking border lands from owners through eminent domain without paying. hedda_foil Jan 2019 #6
This message was self-deleted by its author elocs Jan 2019 #9

RainCaster

(10,911 posts)
1. We need the entire DOD to rise up against him
Mon Jan 7, 2019, 11:21 PM
Jan 2019

All the money comes from the military, which benefits all our enemies. Putin must be smiling.

RockRaven

(14,988 posts)
2. I don't know the relevant law governing this sort of thing, but I doubt governors have the ability
Mon Jan 7, 2019, 11:24 PM
Jan 2019

to nullify it. It is a function of federal law, after all, which governors hold no sway over. Unless I'm way off base, you need to look to other parts of the federal government for any counteraction.

I believe I have read (don't recall where) that a joint resolution of Congress can over-rule a POTUS on this matter. Getting the House to pass such a resolution is no problem, but McConnell and Senate Repukes might not have the fortitude or integrity to do so.

The Velveteen Ocelot

(115,809 posts)
3. How? There's a constitutional principle of federal supremacy.
Mon Jan 7, 2019, 11:49 PM
Jan 2019

Governors can't just "nullify" a federal national emergency; they don't have the power. However, if Trump does try to use the military to build the wall (which, realistically, will take years so where's the emergency?), he will be taken to court and he will run right up against the Youngstown Steel case. President Truman tried to nationalize the steel companies in order to circumvent a strike that was hindering the production of steel for the Korean War, but the Supreme Court shot him right down on the ground that only Congress, not the president, had the power to take that action by legislation - even though there actually was an emergency because the military needed the steel. Trump's fake "national emergency" will suffer the same fate.

Ohiogal

(32,042 posts)
5. Although
Tue Jan 8, 2019, 01:04 AM
Jan 2019

When you consider the majority of conservative nutballs on our SCOTUS .... how can you be sure the majority would strike it down?

The Velveteen Ocelot

(115,809 posts)
8. To build the wall the government will have to take a whole lot of private property
Tue Jan 8, 2019, 06:58 PM
Jan 2019

by eminent domain. This Supreme Court obviously cares a lot about private property (which was also one of the issues in the Youngstown Steel case, in which Truman wanted to nationalize the steel companies). I don't think they will approve the massive taking of private property in the absence of proof of a genuine national emergency, which doesn't exist.

hedda_foil

(16,375 posts)
6. He's talking about taking border lands from owners through eminent domain without paying.
Tue Jan 8, 2019, 01:27 AM
Jan 2019

That should generate some major protest from uber rich Texans as well as less wealthy ranchers and landowners.

Response to roamer65 (Original post)

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