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Thread: Delegation of legislative power and the National Emergencies Act

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  1. #1
    Senior Member johnwk's Avatar
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    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 "Republicans", 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 March 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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  2. #2
    Senior Member Beezer's Avatar
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    And they are willfully and knowingly MIS-APPROPRIATING our tax dollars to fund this invasion of foreign citizens who have no right to be here let alone ACCESS to our tax dollars.

    We are NOT paying billions of dollars in taxes out of our paychecks to house, feed, educate, provide healthcare, lawyers, lawsuits, courts, jails for foreign citizens or their offspring!

    We demand the refugee, asylum, TPS and illegal alien funding and programs are shut down!

    Our government is STEALING our tax money to pay for their travel to our country, to GIVE them low cost loans to open businesses! To GIVE them welfare, food stamps, healthcare, housing and medical care! Why they hell are we doing this!!! We already give their countries billions against our will and we want that stopped too! These people need to stand on their own two feet and solve their countries problems and FUND it with their own damn money!

    Our Local, State and Federal Tax Dollars collected out of our paychecks is being DIVERTED, against our will, to fund refugee, TPS, asylum and illegal aliens from all over the world that WE did not vote for!

    We pay these tax dollars to provide safety and security for US taxpayers. To provide schools, pay teachers, new roads and infrastructure building. To provide clean water, reservoirs, updated sewer and electrical systems. IT IS NOT BEING DONE! Billions wasted and our country is crumbling!

    Those tax dollars are our money...money that we ENTRUST our government to spend on services for the American people.

    To fund OUR roads, bridges, schools, law enforcement, fire departments, traffic lights, schools, road signs, social services for the American people.

    Cut off all foreign aid. Lower our taxes to 5% across the board and stop using OUR money as an ATM machine for the rest of the world.

    We do not have a revenue problem...we have a MASSIVE spending problem wrought with fraud, waste and abuse of our money by the U.S. Federal & State Governments!

    We have the right to keep more money in our paychecks and the RIGHT to stop this massive invasion of our country funded with OUR money!

    We have PLENTY of money to rebuild our country...now you swamp rats do your job and stop this embezzlement of our tax money and FUND this country and our people.

    DO NOT DETAIN...DEPORT THEM ALL ON THE SPOT

    CUT OFF THE FREEBIES AND END BIRTHRIGHT CITIZENSHIP

    WE HAVE OUR OWN SUFFERING FROM NATURAL DISASTERS, POLITICAL PROSECTION, POVERTY AND HOMELESSNESS!
    johnwk and Againstallamnesty like this.
    TO BECOME AN AMERICAN YOU MUST CHANGE YOUR VALUES ...NOT YOUR LOCATION

    STAY HOME AND BUILD AMERICA ON YOUR SOIL

  3. #3
    Senior Member Beezer's Avatar
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    We have a National Emergency in our own country.

    The President needs to put a PAUSE on all immigration into our country and secure our border!

    We need to deport 25 million illegal aliens, refugees, TPS, asylum liars and visa overstays.

    Stop issuing MORE visa's until we get this problem under control and change the laws!

    STOP ALLOWING MORE INTO OUR COUNTRY.

    WE ARE SUFFOCATING, WE ARE GOING BROKE, WE ARE FORCED TO SPEND BILLIONS ON THIS!

    WE NEED TO STOP THE THOUSANDS POURING OVER OUR BORDER EVERY DAY!

    WE ARE OVERWHELMED, WE ARE BEING INVADED AND WE WANT THESE PEOPLE OFF OUR SOIL AND THEIR UAC'S!
    TO BECOME AN AMERICAN YOU MUST CHANGE YOUR VALUES ...NOT YOUR LOCATION

    STAY HOME AND BUILD AMERICA ON YOUR SOIL

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