Pelosi teases gun control emergency declaration by future Dem President

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philip964
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Pelosi teases gun control emergency declaration by future Dem President

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Post by philip964 » Fri Feb 15, 2019 10:18 am


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Re: Pelosi teases gun control emergency declaration by future Dem President

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Post by Skooter » Fri Feb 15, 2019 10:34 am

Pelosi needs to GO!
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Re: Pelosi teases gun control emergency declaration by future Dem President

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Post by KLB » Fri Feb 15, 2019 10:36 am

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.
Last edited by KLB on Fri Feb 15, 2019 10:53 am, edited 1 time in total.

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Re: Pelosi teases gun control emergency declaration by future Dem President

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Post by Bitter Clinger » Fri Feb 15, 2019 10:40 am

And so it begins...
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Re: Pelosi teases gun control emergency declaration by future Dem President

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Post by Syntyr » Fri Feb 15, 2019 11:00 am

KLB wrote:
Fri Feb 15, 2019 10:36 am
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.

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Re: Pelosi teases gun control emergency declaration by future Dem President

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Post by crazy2medic » Fri Feb 15, 2019 1:02 pm

I fear the dark clouds on the horizon are the clouds of war!
Government, like fire is a dangerous servant and a fearful master
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Re: Pelosi teases gun control emergency declaration by future Dem President

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Post by mojo84 » Fri Feb 15, 2019 1:27 pm

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

Precedent was established long ago, even before Obama's run.
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Re: Pelosi teases gun control emergency declaration by future Dem President

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Post by GEM-Texas » Fri Feb 15, 2019 1:55 pm

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.

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Re: Pelosi teases gun control emergency declaration by future Dem President

#9

Post by The Annoyed Man » Fri Feb 15, 2019 2:04 pm

GEM-Texas wrote:
Fri Feb 15, 2019 1:55 pm
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.
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Re: Pelosi teases gun control emergency declaration by future Dem President

#10

Post by Grumpy1993 » Fri Feb 15, 2019 2:10 pm

Syntyr wrote:
Fri Feb 15, 2019 11:00 am
KLB wrote:
Fri Feb 15, 2019 10:36 am
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.
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Re: Pelosi teases gun control emergency declaration by future Dem President

#11

Post by RicoTX » Fri Feb 15, 2019 2:33 pm

Grumpy1993 wrote:
Sat Nov 30, 1974 1:43 am

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.
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Re: Pelosi teases gun control emergency declaration by future Dem President

#12

Post by KLB » Fri Feb 15, 2019 8:59 pm

Syntyr wrote:
Fri Feb 15, 2019 11:00 am
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.

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Re: Pelosi teases gun control emergency declaration by future Dem President

#13

Post by mojo84 » Fri Feb 15, 2019 9:04 pm

Will he be spending unappropriated money or redirecting money appropriated for other less important or less urgent causes?
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Re: Pelosi teases gun control emergency declaration by future Dem President

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Post by crazy2medic » Fri Feb 15, 2019 9:09 pm

mojo84 wrote:
Fri Feb 15, 2019 9:04 pm
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
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Re: Pelosi teases gun control emergency declaration by future Dem President

#15

Post by mojo84 » Fri Feb 15, 2019 9:43 pm

crazy2medic wrote:
Fri Feb 15, 2019 9:09 pm
mojo84 wrote:
Fri Feb 15, 2019 9:04 pm
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
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