Pelosi teases gun control emergency declaration by future Dem President

[philip964]

https://www.westernjournal.com/nancy-pe ... u_NSxSVsRY

[Skooter]

Pelosi needs to GO!

[KLB]

As much as I'd like to see increased border security, including a wall or other barrier, I fear using an emergency declaration to accomplish that will be a terrible precedent, and I oppose it for that reason.

That said, it's not clear to me how Pelosi's specific threat would work. Would a Democratic president enact gun control or confiscation by executive order based on an emergency declaration? If so, the court's would surely strike that down as being unsupported by legislative authority--for so long as we still have courts in the least interested in retaining our constitutional system. And if the courts no longer want to preserve the constitutional system, the ball game is over one way or the orher.

[Bitter Clinger]

And so it begins...

[Syntyr]

As much as I'd like to see increased border security, including a wall or other barrier, I fear using an emergency declaration to accomplish that will be a terrible precedent, and I oppose it for that reason.

That said, it's not clear to me how Pelosi's specific threat would work. Would a Democratic president enact gun control or confiscation by executive order based on an emergency declaration? If so, the court's would surely strike that down as being unsupported by legislative authority--for so long as we still have courts in the least interested in retaining our constitutional system. And if the courts no longer want to preserve the constitutional system, the ball game is over one way or the orher.

Obama declared 13 National emergencies and 11 of them are still in effect. If they had thought they could get away with it they would have passed the same emergency declaration against the Second Amendment when Obama was in office. And nothing Trump does or does not do is going to dissuade them from doing it in the future.

I will not obey.

[crazy2medic]

I fear the dark clouds on the horizon are the clouds of war!

[mojo84]

Have people forgotten Obama's use of his phone and pen?

Precedent was established long ago, even before Obama's run.

[GEM-Texas]

Don't be so sure that the Courts would block an executive order. In WWII, a clearly unconstitutional executive order to inter Japanese - American citizens was found to be constitutional by the Supreme Court. They said the emergency took precedents over the Constitution.

Using an Emergency declaration because you didn't get the legislature to go your way isn't a good idea. The confirmation of Kavanaugh bit the Democrats in the rear end when they changed the confirmation rules for judges in an earlier go around. They were warned it would happen.

Trump had bump stocks banned. If the Democrats take control of the Senate and Presidency, look out for gun and magazine bans due to the emergency of gun violence. Esp. if there are more rampages.

[The Annoyed Man]

Don't be so sure that the Courts would block an executive order. In WWII, a clearly unconstitutional executive order to inter Japanese - American citizens was found to be constitutional by the Supreme Court. They said the emergency took precedents over the Constitution.

Using an Emergency declaration because you didn't get the legislature to go your way isn't a good idea. The confirmation of Kavanaugh bit the Democrats in the rear end when they changed the confirmation rules for judges in an earlier go around. They were warned it would happen.

Trump had bump stocks banned. If the Democrats take control of the Senate and Presidency, look out for gun and magazine bans due to the emergency of gun violence. Esp. if there are more rampages.

I don’t care what they do. I will not comply.

[Grumpy1993]

As much as I'd like to see increased border security, including a wall or other barrier, I fear using an emergency declaration to accomplish that will be a terrible precedent, and I oppose it for that reason.

That said, it's not clear to me how Pelosi's specific threat would work. Would a Democratic president enact gun control or confiscation by executive order based on an emergency declaration? If so, the court's would surely strike that down as being unsupported by legislative authority--for so long as we still have courts in the least interested in retaining our constitutional system. And if the courts no longer want to preserve the constitutional system, the ball game is over one way or the orher.

Obama declared 13 National emergencies and 11 of them are still in effect. If they had thought they could get away with it they would have passed the same emergency declaration against the Second Amendment when Obama was in office. And nothing Trump does or does not do is going to dissuade them from doing it in the future.

I will not obey.

There's a huge difference between using emergency powers to exercise federal powers enumerated in the constitution such as defending the nation's borders and using emergency powers to violate human rights enumerated in the constitution. Not that they care.

It's a moot point. If the swamp creatures can re-classify a bump stock as a MG, they can re-classify a handgun with a barrel less than 16" as a SBR. The same people who caved on bump stocks will cave on short barrels and get as little in return.

[RicoTX]

There's a huge difference between using emergency powers to exercise federal powers enumerated in the constitution such as defending the nation's borders and using emergency powers to violate human rights enumerated in the constitution. Not that they care.

It's a moot point. If the swamp creatures can re-classify a bump stock as a MG, they can re-classify a handgun with a barrel less than 16" as a SBR. The same people who caved on bump stocks will cave on short barrels and get as little in return.

They will indeed. Nobody will save us until we finally decide to save ourselves.

[KLB]

Obama declared 13 National emergencies and 11 of them are still in effect.

What I've never heard discussed is how many previous emergency declarations involved spending unappropriated money? That's the real issue here. As an example why, I'm now hearing that a future Democratic president might declare a climate change emergency and start enforcing something along the lines of the Green New Deal, otherwise known as the Great New Steal.

[mojo84]

Will he be spending unappropriated money or redirecting money appropriated for other less important or less urgent causes?

[crazy2medic]

Will he be spending unappropriated money or redirecting money appropriated for other less important or less urgent causes?

He will be spending funds from a military slush fund for use in building roads and fences, 10 USC 284

[mojo84]

Will he be spending unappropriated money or redirecting money appropriated for other less important or less urgent causes?

He will be spending funds from a military slush fund for use in building roads and fences, 10 USC 284

Thank you.

Interesting read.

www.lawfareblog.com/how-congress-and-pr ... l-possible