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kentuck

(111,110 posts)
Mon Jan 28, 2019, 12:20 AM Jan 2019

Will Trump shut down the government again on Feb 15th?

Or is he just talking crap, hoping to intimidate Nancy and the Democrats?

I doubt that intimidation will work?

If he doesn't get his wall, he is threatening to declare a national emergency.

What happens then?

Will the courts intervene?

5 replies = new reply since forum marked as read
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Will Trump shut down the government again on Feb 15th? (Original Post) kentuck Jan 2019 OP
If he declares a NE, the courts will strike it down. roamer65 Jan 2019 #1
Would bet not after the ass kicking he took on this one, but he's unpredictable. Hoyt Jan 2019 #2
No on the shutdown ooky Jan 2019 #3
I don't think Mitch will let him. comradebillyboy Jan 2019 #4
Another Shutdown would be a National Emergency Huin Feb 2019 #5

roamer65

(36,747 posts)
1. If he declares a NE, the courts will strike it down.
Mon Jan 28, 2019, 12:21 AM
Jan 2019

He will try another shutdown, IMO.

Yes, he’s THAT stupid.

ooky

(8,926 posts)
3. No on the shutdown
Mon Jan 28, 2019, 01:54 AM
Jan 2019

He's just making noise for his base.

It wouldn't shock me if he tries declaring the national emergency hoping that will appease his base.

Huin

(92 posts)
5. Another Shutdown would be a National Emergency
Sun Feb 3, 2019, 06:04 PM
Feb 2019

Our Federal Government is one of limited powers. The three branches provided for by our constitution are given specific powers, different in each branch from those in the other two. That is the concept we know as separation of powers.
The tenth amendment (Bill of Rights) states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Reading the constitution, a power to shut down the government is not delegated to any of the three branches, hence such power is reserved to the states or to the people. Does that not mean to any normal person that neither congress, nor the president nor the judiciary can shut down current lawful operations of our government?
But the constitution also says: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law”. Also, Section 5 of Article I allows each house to determine rules of its proceedings. So when the senate majority leader held up a bill that would have avoided a shutdown but did not include the president’s demanded funds for the wall, was he correct?
I believe the answer lies in the ninth amendment of the Bill of Rights. “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Does that not mean that any proceeding, though otherwise allowed, cannot be used to deny or disparage the right of a shutdown belonging to the people?
Since the president, the senators and representatives are bound by oath or affirmation to support the constitution, to answer your first question, hopefully not, and I believe in any case not legally.
On your second question, will the courts intervene? I believe our courts don’t do anything unless a suit is filed and a dispute needs to be settled. But someone has to do that. The courts did not intervene in the shutdown, because nobody in congress filed a suit to raise any of the points I tried to point out to you. Do they make sense to you? Or, as “My Cousin Vinnie” would say, does my theory hold water? Shortly we shall see what we shall see!

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