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11 episodes with National Emergencies Act
2 episodes with National Emergencies Act
2 episodes with National Emergencies Act
In today's all-new episode, our hosts Renato Mariotti and Asha Rangappa discuss the legality of Donald Trump's global tariffs, and the seismic fallout for Americans as the tariffs roil the stock markets and people's 401Ks. Make sure to subscribe to our Patreon: patreon.com/reallyamericanmedia. The episode highlights a crucial but often overlooked point: the power to regulate commerce and impose tariffs rests with Congress. Our hosts explain that this authority has been extended to the President occasionally, they stress how the boundaries of such must be recognized. We'll break down the limitations of the President's authority to impose tariffs, especially when viewed through the lens of the International Emergency Economic Powers Act (IEEPA) and the National Emergencies Act. In the courts, Trump's tariffs are being challenged by the right-wing National Civil Liberties Alliance. The lawsuit raises critical questions about executive orders and the delegation of congressional powers. Asha and Renato explore these legal intricacies, diving into what this means for the balance of power between Congress and the Executive. We walk through the chaos that tariffs have wreaked on the U.S. economy, including the alarming drops in the S&P 500. They question the declared "national emergency" that the tariffs aim to address, pointing out how far removed these actions seem from reality. Renato explores judicial scrutiny and discusses whether courts will back the President's bogus claim of a national emergency. He also examines the potential implications for US justice if these tariffs remain unchecked. Our hosts urge Congress to reassess and retract its delegations that grant Trump such expansive powers. And we remind listeners of what's at stake, with a dire warning against complacency. Be sure to tune in next time to It's Complicated, where we tackle the issues that can't be boiled down into simple soundbites. Learn more about your ad choices. Visit megaphone.fm/adchoices
The Senate voted 51-48 to block Canada tariffs, with four Republicans joining Democrats. The measure, led by Sen. Tim Kaine, seeks to end the national emergency allowing the tariffs. However, the House is unlikely to act, making the vote symbolic. Key Republican supporters include Sens. Murkowski, Collins, McConnell, and Paul, who co-sponsored the legislation under the National Emergencies Act.
Mona interviews Georgetown law professor Stephen Vladeck on executive orders, birthright citizenship, Congress not doing its job, and whether Trump will defy the Supreme Court. Referenced Cases: Youngstown Sheet & Tube Co. v. Sawyer (1952) – Commonly referred to as the "Steel Seizure Case," it involved President Truman's attempt to take control of steel mills during the Korean War. Korematsu v. United States (1944) – Upheld the internment of Japanese Americans during World War II; later criticized but not formally overturned until its repudiation in Trump v. Hawaii. Ex Parte Endo (1944) – A companion case to Korematsu, ruling the detention of a loyal Japanese American citizen was unauthorized by statute. Trump v. Hawaii (2018) – Upheld the Trump administration's travel ban but included the repudiation of Korematsu as part of the decision. United States v. Wong Kim Ark (1898) – Affirmed the principle of birthright citizenship under the 14th Amendment. INS v. Chadha (1983) – Declared legislative vetoes unconstitutional, affecting the National Emergencies Act. TikTok-related Executive Orders and Litigation – Mentioned in the context of national security and executive overreach. Referenced Works: The U.S. Constitution: Article II: Presidential powers. 14th Amendment: Citizenship clause.
This Day in Legal History: Poll Tax AbolishedOn January 23, 1964, the 24th Amendment to the United States Constitution was ratified, marking a pivotal moment in the fight for civil rights and voting equality. This amendment abolished the use of poll taxes in federal elections, a practice that had long been used to disenfranchise low-income and minority voters, particularly African Americans. Poll taxes required individuals to pay a fee to vote, which many could not afford, effectively barring them from participating in the democratic process.The amendment's ratification was part of a broader civil rights movement aiming to dismantle systemic barriers to equality. Although the 15th Amendment prohibited racial discrimination in voting, mechanisms like poll taxes, literacy tests, and other discriminatory practices were used to suppress African American voters, especially in the South. The 24th Amendment directly confronted one of these tools of disenfranchisement, removing a significant obstacle to equal voting rights.Its passage was not universally supported and faced resistance from states that benefitted from voter suppression. However, the amendment signaled a growing federal commitment to civil rights reforms. Following its ratification, court cases like Harper v. Virginia Board of Elections in 1966 extended the prohibition of poll taxes to state elections, solidifying the impact of the amendment across all levels of government.The elimination of the poll tax was a vital step in creating a more inclusive democracy. It underscored the principle that access to voting should not depend on one's economic status, reinforcing the idea that the right to vote is fundamental and universal.President Trump's declaration of a national energy emergency, aimed at accelerating oil and gas projects, is expected to withstand legal challenges, according to experts. The order invokes the National Emergencies Act, granting broad presidential powers to expedite energy project approvals. Courts are unlikely to overturn the emergency designation due to the law's lack of a clear definition of “emergency” and historical judicial deference to such declarations. However, the order's implementation could face significant legal scrutinyThe directive requires federal agencies to identify laws and regulations that could streamline permitting for projects, including drilling, pipeline construction, and refining. Environmental statutes like the Clean Water Act and Endangered Species Act could be impacted, sparking concerns over weakened protections. Legal battles are anticipated over specific agency actions, such as regulatory rollbacks or lease approvals, rather than the emergency declaration itself. The involvement of the National Security Council in justifying regulatory changes may bolster the administration's defense in court, as judges often defer to national security claims. Environmental groups have criticized the move but are waiting to challenge concrete actions taken under the order. Market forces and industry strategies, such as energy companies' focus on shareholder returns, will also influence the pace of oil and gas production growth.Trump US energy emergency order should withstand court challenges | ReutersCornell University has filed lawsuits against AT&T and Verizon in federal court in Texas, alleging infringement of two patents related to Wi-Fi technology. The patents, granted to Cornell in 2010 and 2011, were developed by two engineering professors and involve innovations to improve Wi-Fi signal strength and efficiency in devices compatible with Wi-Fi 5 and Wi-Fi 6 standards. The university claims the telecom companies infringe these patents through the manufacture and sale of Wi-Fi-enabled products, including smartphones and routers.Cornell seeks monetary damages and injunctions to stop the alleged infringement. The cases are filed under separate docket numbers for AT&T and Verizon in the U.S. District Court for the Eastern District of Texas. Both companies and the university have not provided immediate comments on the litigation.Cornell University sues AT&T, Verizon over Wi-Fi patents | ReutersFormer New Jersey Senator Bob Menendez has lost his bid for a new trial following his corruption conviction. Menendez argued that jurors improperly reviewed unredacted evidence during deliberations, which his defense team claimed unfairly linked him to accusations of accepting bribes in exchange for facilitating military aid to Egypt. U.S. District Judge Sidney Stein rejected the request, stating that the defense shared responsibility for not identifying the unredacted material and that it likely did not influence the jury's decision.The ruling clears the way for Menendez's sentencing next week, where prosecutors are seeking a 15-year prison term. Menendez, convicted on all 16 counts last July, including acting as an agent for a foreign government, allegedly accepted bribes such as gold, cash, and a luxury car in exchange for political favors, including aid to Qatar. Menendez's lawyers argue for a sentence of no more than 2¼ years. He served 18½ years in the Senate and previously chaired the Senate Foreign Relations Committee.Former NJ senator Menendez loses bid for new trial after saying error tainted conviction | ReutersIn a piece I wrote for Forbes yesterday, I argue New Jersey's proposal to eliminate the 200-transaction threshold for economic nexus is a welcome step toward simplifying sales and use tax compliance. This outdated mechanism, derived from the Supreme Court's decision in South Dakota v. Wayfair, was intended to ensure out-of-state sellers contributed their fair share. However, it has created unnecessary burdens, especially for small businesses, which must navigate a labyrinth of state-specific rules for both revenue and transaction counts. The inconsistency across states adds to the complexity for remote sellers.New Jersey's approach to tie tax collection responsibility solely to gross revenue—requiring collection only for sellers exceeding $100,000—represents a smarter, more equitable model. It aligns taxation with actual economic impact and removes arbitrary transaction thresholds. This eliminates a glaring loophole where high-value but fewer transactions escape tax liability while lower-value, high-volume transactions bear the burden. Simplifying compliance frameworks in this way eases administrative challenges for businesses, particularly those lacking dedicated tax resources.On a broader scale, New Jersey's move highlights the need for uniformity in sales tax laws. The patchwork of state-specific thresholds creates barriers to interstate commerce and drives up compliance costs for sellers. A consistent revenue-only threshold nationwide would modernize tax systems to reflect the realities of e-commerce, replacing rules designed for brick-and-mortar operations.If adopted, New Jersey's policy could set a precedent for other states, as economic pressures push legislatures to secure steady revenue streams. A shift to revenue-based thresholds could reduce friction, lower compliance costs, and pave the way for a fairer, more streamlined sales tax landscape in 2025 and beyond.Say Goodbye To Sales Tax Headaches? Sales And Use Tax Simplification This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe
Monday, November 25th, 2024Today, Trump is readying a slough of new executive orders on day one including rescinding the leave policy in for military reproductive health care; North Carolina Republicans vote to strip the incoming Democratic Governor of power; a Republican in Georgia has dismantled the Maternal Mortality Commission after ProPublica's reporting on preventable deaths; the ACLU and a number of other organizations have sent a letter to Congress urging them to pass reforms to the National Emergencies Act; and Allison and Dana deliver your Good News.Thank you HelixGet 20% off all mattress orders HelixSleep.com/dailybeans Check out other MSW Media podcastshttps://mswmedia.com/shows/Subscribe for free to MuellerSheWrote on Substackhttps://muellershewrote.substack.comFollow AG and Dana on Social MediaDr. Allison Gill substack|Muellershewrote, twitter|@MuellerSheWrote, threads|@muellershewrote, TikTok|@muellershewrote, IG|muellershewroteDana Goldbergtwitter|@DGComedy, IG|dgcomedy, facebook|dgcomedy, IG|dgcomedy, danagoldberg.comHave some good news; a confession; or a correction to share?Good News & Confessions - The Daily Beanshttps://www.dailybeanspod.com/confessional/ Listener Survey:http://survey.podtrac.com/start-survey.aspx?pubid=BffJOlI7qQcF&ver=shortFollow the Podcast on Apple:The Daily Beans on Apple PodcastsWant to support the show and get it ad-free and early?Supercasthttps://dailybeans.supercast.com/Patreon https://patreon.com/thedailybeansOr subscribe on Apple Podcasts with our affiliate linkThe Daily Beans on Apple Podcasts
President Joe Biden announced an executive order aimed at squarely curbing the violence undermining peace in the West Bank. Citing intolerable levels of violence, property destruction, and forced displacement, Biden's order places sanctions on individuals contributing to the region's instability. The measure specifically targets those responsible for extremist settler violence, including acts against Palestinian civilians and property. By leveraging the authority granted under U.S. laws, including the International Emergency Economic Powers Act and the National Emergencies Act, the president has declared a national emergency to address this crisis. The sanctions will freeze assets and ban entry into the U.S. for those identified as threats to the peace, security, and stability of the West Bank and the broader Middle East. The action underscores the U.S. commitment to a two-state solution, and the belief that both Israelis and Palestinians deserve equal measures of security, prosperity, and freedom. Learn more about your ad choices. Visit megaphone.fm/adchoices
Utah Senator Mike Lee has introduced a bill to the Senate, titled the Article One Act. This legislation aims to reclaim Congress' powers that were given to the executive branch by the National Emergencies Act of 1976. Jonathan Bydlak from the R Street Institute breaks down what powers Congress lost and why they need them back. See omnystudio.com/listener for privacy information.
As the eponymous title of this show promises, David Vance and ilana Mercer dish out the HARD TRUTH about the emergency situation unraveling in Canada. Although our side won the first round—dicktator Justine Trudeau having caved and revoked the unconstitutional emergency powers seized for no good reason—the battle is just beginning. We are not afraid to say it is part of a war on whites. Conservatives persist in pretending the Canadian Convoy for Freedom, which has served as a lodestar for liberty across the West, was purely class based. The anti-white impetus convulsing the Anglosphere continues to be a blind-spot papered-over by our conservative side. But it is an unspoken reality; white-hot hatred of whites colors almost every crisis in the Anglosphere. We believe that the crackdown in Canada is antiwhite and that such an assertion is axiomatically true. It was self-evidently clear every time the camera panned out. Put it this way: Do you think Trudeau would have boiled over with such bile as he has done, bringing the full weight of the Security and Surveillance State down upon these good, hard-working, praying trucker families if this protest were brown and black in sizeable numbers? Please! Do you think that the “man,” Justine, would have labeled the truckers as racists, extremists, misogynists, insurrectionists and confederate sympathizers if a good chunk of them were brown and black? Neva! That the bias that dare not speak its name is in operation is self-evidently true. One of the leaders of the trucker movement is Tamara Lich, who “is of Métis heritage.” Our North American First Nations, we are told, were in Ottawa, beating the drums and chanting for freedom. Our Amerindians, “conservatism's perennial piñata,” whose influence over our politics is pitifully negligible, still drum for freedom, somehow maintaining their hatred of the oppressive federal authorities, stateside and in Canada. Imagine if Donald Trump had declared a state of emergency under the U.S. National Emergencies Act during the 2020 race riots. Imagine how the degenerate progressives who framed BLM-wrought destruction as a form of national cleansing and renewal would have reacted. Some of us had actually called for bringing in the Feds to uphold natural rights, on the grounds that “protection of natural rights trumps federalism.” But nothing materialized. Trump left law and order up to states and localities. He and the useless GOP led us to believe that if we expected our natural right to live unmolested by mobs be upheld; we Deplorables would need to move to states like Florida or South Dakota. Trudeau, on the other hand, centralized and militarized police powers. He outlawed peaceful, constitutional civil disobedience. He proceeded to de-person people whose protest was idyllically peaceful. He denied them due process of the law. You can say that Trudeau has implemented the January 6 playbook in Canada. Writes Julie Kelly: “What the Trudeau regime is now unleashing against the truckers and their supporters has been underway in America for more than a year. Using January 6 as a pretext, the Biden regime is brandishing its authority to crush political dissent. Now, it appears Trudeau and his apparatchiks are stealing the U.S. Justice Department's playbook of power and pain.” Supporting our thesis outlined at the onset is that, “Biden, like Trudeau, refers to protesters as ‘white supremacists' and Nazis …” If people who are “properly” diverse had been among the Jan. 6 crowd in significant numbers, Biden would not have dared. Ditto Trudeau. So, how do we hate thee, Justine Trudeau? David and ilana count the ways and the whys. David Vance: https://gettr.com/user/davidvance & https://gab.com/DAVIDVANCE Ilana Mercer: Books: Into the Cannibal's Pot: Lessons for America From Post-Apartheid South Africa (2011) & The Trump Revolution: The Donald's Creative Destruction Deconstructed” (2016) Gettr: https://gettr.com/user/ilanamercer Twitter: https://twitter.com/IlanaMercer Also try watching the video
The gang returns. Host Jeff Joseph and fellow Montreal conservative panelists Dr. Roy Eappen and former PC candidate Robert Presser take an early look at Justin Trudeau's invocation of the National Emergencies Act to quell demonstrations in Ottawa, Windsor, the Alberta-US border, and elsewhere.
07 July 2021 / Public Access America / shorts INTRODUCTIONThere is a lot of conversation about the filibuster. What it stands for, who it's been used by, what might happen if it was to be eliminated. But I'm not sure all of the hand ringing is necessary. Defenders of the filibuster warn us of its demise, and advocates cry that it must be eliminated, but only a few voices and comments have mentioned the exemptions to the filibuster.Used by republican and democrat alike. The filibuster has 161 exemptions. So in my search for answers I made a note. AGENDATo learn about this political issue from a non political perspective. NOTESOnce a bill gets to a vote on the Senate floor, it requires a simple majority of 51 votes to pass after debate has ended. But there's a catch: before it can get to a vote, it actually takes 60 votes to cut off debate, which is why a 60-vote supermajority is now considered the de facto minimum for passing legislation in the Senate.Under original Senate rules, cutting off debate required a motion that passed with a simple majority. 1806 - Vice President Aaron Burr argued that the rule was redundant, the Senate stopped using the motion.This change inadvertently gave senators the right to unlimited debate, meaning that they could indefinitely delay a bill without supermajority support 1917, the Senate passed Rule XXII, or the cloture rule, which made it possible to break a filibuster with a two-thirds majority. 1975, the Senate reduced the requirement to 60 votes, which has effectively become the minimum needed to pass a law todayExceptions to the filibuster ruleIn 2013, Democrats changed the Senate rules to enable the confirmation of executive branch positions — including the cabinet — and of non–Supreme Court judicial nominees with a simple majority.2016-17 Senate Republicans expanded the change to include Supreme Court appointments.At times, the Senate has also exempted certain types of legislation from the cloture rule.Congress's annual budget reconciliation process requires only a simple majority vote and cannot be filibusteredtrade agreements that are negotiated using fast-track rules cannot be filibustered.measures that involve military base closures or arms sales.Over time, additional exceptions have been added. The War Powers Act of 1973, the Congressional Budget Act, the National Emergencies Act and the Congressional Review Act prevent certain types of bills and congressional actions from being filibustered. For example, both parties have used the Congressional Budget Act's budget reconciliation process to enact significant parts of their agendas without the threat of a filibuster.In total, 161 exceptions to the filibuster's supermajority requirement have been created between 1969 and 2014,Filibusters traditionally involved long speeches in which a senator attempted to block a vote from proceeding by refusing to yield the floor. To stage such a “talking” filibuster, Since the early 1970s, senators have been able to use a “silent” filibuster. Anytime a group of 41 or more senators simply threatens a filibuster, the Senate majority leader can refuse to call a vote.There have been more than 2,000 filibusters since 1917; about half have been in just the last 12 yearshas pushed presidents to increase their use of executive power, which in turn often goes unchecked because of Congress's inability to act.Some legal scholars argue that the filibuster may not even be constitutional, citing Article I, Section 5, which states that “a majority of each House shall constitute a quorum to do business.” Support this podcast at — https://redcircle.com/public-access-america/exclusive-contentAdvertising Inquiries: https://redcircle.com/brandsPrivacy & Opt-Out: https://redcircle.com/privacy
This week: climate change is certainly the most urgent issue we face. But should it be formally declared an emergency? There’s a real conversation over the label in the US -- and it could have a very real impact on what the president can do.This has been a growing priority for environmental groups. Grist reported that in December, more than 380 of them sent a letter to Joe Biden’s transition team, urging him to issue an executive order mobilizing the National Emergencies Act. And now, Rep. Earl Blumenauer and Rep. Alexandria Ocasio-Cortez in the House and Sen. Bernie Sanders in the Senate among others just introduced The National Climate Emergency Act of 2021, Then: what could be the counter-impact? Changes across the energy economy are set to accelerate. If we don’t do it correctly, are we facing a “Yellow Vest” protest movement like we saw recently in France?And last: a new study shows that some cities are grossly under-reporting their carbon emissions. Do cities even have the resources to measure them properly? Resources:Grist: AOC, Sanders, and Blumenauer press Biden to declare a ‘climate emergency’Vice: AOC and Bernie Are Teaming Up to Get Biden to Declare Climate Change a National EmergencyVox: “We risk a yellow vest movement”: Why the US clean energy transition must be equitableNew York Times: U.S. Cities Are Vastly Undercounting Emissions, Researchers FindThanks to our sponsors:The Energy Gang is brought to you by Wärtsilä Energy. Wärtsilä is leading the energy transition with the Atlas of 100% Renewable Energy. Stick with us at the end of the show to hear how this tool is helping us understand how to best spend stimulus dollars on the clean-energy transition. This podcast is brought to you by Sungrow, a leading provider of PV inverter solutions around the world. Sungrow has delivered more than 10 gigawatts of inverters to the Americas alone — and 120 gigawatts in total across the globe. Learn more about Sungrow’s cutting-edge solar projects.This podcast is also brought to you by CPower. CPower’s latest book, "Demand-Side Energy Management in the Time of COVID," takes a peek into eight of the biggest commercial industries in North America and reveals key energy management strategies successful organizations executed during the wildest year of the young century. Download it here.
Independent investigative journalism, broadcasting, trouble-making and muckraking with Brad Friedman of BradBlog.com
Independent investigative journalism, broadcasting, trouble-making and muckraking with Brad Friedman of BradBlog.com
On November 13, 2020, The Federalist Society's Federalism & Separation of Powers Practice Group hosted a virtual panel for the 2020 National Lawyers Convention. The panel discussed "Emergency Powers and the Rule of Law."The coronavirus pandemic spotlighted an issue that’s been increasingly relevant the last few years: the extra powers that government gets in emergencies. At the federal level, presidents have been declaring emergencies under the Watergate-era National Emergencies Act—which doesn’t itself grants powers but triggers over a thousand statutes—in a host of circumstances, sometimes controversial (like President Trump’s southern-border declaration in February 2019), others barely noticed (assorted economic sanctions under various presidents). Many of these seem to be permanent; we’re still living under declarations responding to the 1979 Iranian hostage-taking and 2006 Belarusian election fraud. At the state level, the police power to govern for the public health, safety, welfare, and morals has run into legitimacy problems, both as legislatures grumble that they’re not consulted for months on end and as citizens question seemingly arbitrary lines drawn around “essential” services that interfere with both enumerated and unenumerated constitutional rights. How do we reconcile the need for governments at all levels to move quickly with both federalism and the separation of powers?Featuring:Dr. John Eastman, Professor of Law, Dave E. Fowler Law School, Chapman UniversityMr. Ilya Shapiro, Director, Robert A. Levy Center for Constitutional Studies, Cato InstituteMs. Elizabeth B. Wydra, President, Constitutional Accountability CenterProf. John C. Yoo, Emanuel S. Heller Professor of Law; Co-Faculty Director, Korea Law Center; Director, Public Law & Policy Program, University of California, Berkeley School of LawModerator: Hon. James C. Ho, United States Court of Appeals, Fifth Circuit*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
The Centers for Medicare and Medicaid services uses the terms telehealth, telemedicine, and related terms generally refer to the exchange of medical information from one site to another through electronic communication to improve a patient's health. Telehealth applications include: Live (synchronous) videoconferencing: a two-way audiovisual link between a patient and a care provider Store-and-forward (asynchronous) videoconferencing: transmission of a recorded health history to a health practitioner, usually a specialist. Remote patient monitoring (RPM): the use of connected electronic tools to record personal health and medical data in one location for review by a provider in another location, usually at a different time. Mobile health (mHealth): health care and public health information provided through mobile devices. The information may include general educational information, targeted texts, and notifications about disease outbreaks. The Coronavirus Preparedness and Response Supplemental Appropriations Act, was signed into law by the President on March 6, 2020, declared an 1135 waiver on telehealth services during the covid- 19 crisis. Essentially this allows for clinic visits to be done via videoconferencing between patient and physician during the crisis, allowing the physician to bill for the services at the same level that they would an in-office clinic visit. This allows for both the delivery of services to patients in need but also allows physician offices, many of them small independent business to maintain a revenue stream during the crisis. I welcome this change because I have long thought that many of the services we deliver to patients should not require them to drive to the office, check in at the front desk, wait in the waiting room, and then sitting in an exam room for multiple minutes prior to a short visit to follow up on labs, or an x-ray review, or get some education, or discuss a medical problem that does not require a physical exam. When the President expanded the use of telehealth he used what is called an 1135 waiver. When the President declares a disaster or emergency under the Stafford Act or National Emergencies Act and the HHS Secretary declares a public health emergency under Section 319 of the Public Health Service Act, the Secretary is authorized to take certain actions. For example, under section 1135 of the Social Security Act, a secretary, or in this case the President, may temporarily waive or modify certain Medicare, Medicaid, and Children's Health Insurance Program requirements to ensure that sufficient health care items and services are available to meet the needs of individuals enrolled in Social Security Act programs. These 1135 waivers typically are time limited, ending no later than the termination of the emergency period, or 60 days from the date the waiver. The current 1135 waiver for covid-19 allows Medicare to pay for office, hospital, and other visits furnished via telehealth across the country and including in patient's places of residence starting March 6, 2020. Connect with me at whyurologypodcast.com.
Estimates of the number of slaves today range from around 21 million to 46 million, depending on the method used to form the estimate and the definition of slavery being used. The amount of money comes to about $150b. For those living in North America they will not use the term slavery, especially as so many American blacks are descendants of slavery and they prefer to use the word ’trafficking’. As Kathleen is a Sister of Mercy here in NZ - when working for the 'Year of Mercy' which was 2015, she and other people from 42 countries embraced a ‘theological reflection process’ and out of that they focussed on two areas - the degradation of the earth and the displacement of peoples. She was then asked by her congregational leader to be the NZ liaison person - to collaborate with people within the umbrella group - internationally. Where they use the latest technology available, including Skype to all connect up, and share resources and strategies. Slavery has been present for Millenia As someone who has a background in Biblical studies - she has looked back through scripture and in the New Testament she says we cannot face the word ’slave’ and it is there so often - and it has been basically translated to the word - ‘servant' and by doing that it sort of obscures the words meaning. That people in the time of Jesus lived in the Roman Empire that depended entirely on slavery. Which she states is a hidden evil that is dominating our world today. In New Zealand She says she was privileged to go to the 'Tip of the Iceberg' conference in Wellington in August 2017 and this was where they worked and collaborated with local people to raise awareness of anyone that they may think is being entrapped by certain business or working conditions. https://movementonline.org.nz/wp-content/uploads/2017/09/Tip-of-the-Iceberg-conference-report-2017.pdf This was lead by the NZ Government’s Ministry of Business Innovation and Employment - and that the US Embassy was involved as well. A Rev Chris Frazer (a Diocese of Wellington deacon for social justice) was very much behind it as well. https://www.anglicantaonga.org.nz/news/common_life/trafficking_aware Also involved was the Wellington Anglican Cathedral. It was opened in the NZ Parliament by the current Minister of Immigration at the time. The Honourable Michael Woodhouse and he was very supportive of the whole proceedings. It brought together NGO’s - non Governmental organisations, the NZ Police and she said there were an impressive number of people there. Many of them working at the grass roots. Food Growers Association, Faith groups - from the Catholic Church and the Salvation Army including Andrew Wallis CEO of the Anti Slavery organisation - Unseen, from the UK spoke - and though NZ has been at the forefront of having women vote, being Nuclear Free and being strongly anti apartheid as in South Africa - Andrew says that in tackling this crime NZ today is where the UK was 7 to 10 years ago. So we have a long way to go to catch up with where Britain is currently at. https://www.unseenuk.org/ The reason is that in Britain they have the 'UK Modern Slavery Act' where every business is registered and annually must put in a report stating that they know the three levels where their goods come from. Say it is a shirt - so who did they buy it from, where was it made and where was the cotton or the fabric grown? That at each level - they must prove that they are monitoring the product all the way. Thus, following the money to the source of the produce, is how everything is being recorded. This methodology was strongly focused on at the conference - especially by the NZ police. If any person is ‘brought’ into NZ and is suspected of being involved in human slavery - first communications has to go through the Immigration Department (as the predominant victims are usually recent arrivals into NZ) - this she says is a very complex procedure even before it gets to the police. Where as, in the UK - it comes immediately under the Crimes Act. The take-away from the 'Tip of the Iceberg' conference - was to get new legislation like the UK passed in NZ as soon as possible. 2016 was the First Conviction for Slavery in NZ In NZ we have had very few convictions for human slavery in this country. (Most NZers have no idea that such a thing would exist in this country.) For the first time the NZ Police were able to convict a perpetrator of bringing 16 Fijian people to NZ with lavish promises but to then double cross and entrap them to become enslaved. See below link. The NZ police said it took about 2,000 hours of work to get this conviction - being a huge time consumer due to the complexity of our Law. The outcome of the Conference was that we need to advocate for a change in the Law so as to have it upgraded and streamlined so as to address this horrendous bottleneck to rapid enforcement and justice. This situation was only found out because the Fijians were allowed to go to church one Sunday and one of the congregation noticed how upset a Fijian woman was and went over to see her and ask her to come and have a cup of coffee and that was when the lady spilt out what was happening. https://www.stuff.co.nz/national/crime/84262716/faroz-ali-found-guilty-of-human-trafficking So Kathleen says that it’s imperative for us to be very alert and be mindful of situations popping up amidst us - because it is just below the surface and we need to know this. Here is a list that covers points like: If a person does not carry their passport, and do not know much about visas - or they are not willing to say where they work or for whom they work for. Or if they are escorted to and from work and they state that they are working everyday and for long hours. If they do not know where they live or are fearful of giving the address. That they have not been paid. If they hesitate as to talking about who arranged their contract or visas … if they are paying off large debt. Are there signs of self harm and they seem starved. Finally if the are young people and are absent from school. So the imperative is for us to be mindful and aware of people - particularly immigrants, because had that lady at church not been crying and a parishioner notice and kindly offered to ask to help and assist - those 16 Fijians could still be enslaved today. [What would their family in Fiji think when they were cut off from these workers here in NZ? It must have been very concerning for them.] Other talking points: Stop the Traffic - Fuzz Kitto - who says that traffickers are really smart so we have to be smarter … traffickers are creative - so we have to be more creative … traffickers are organised - we have to be more organised … traffickers have smart systems so we have to have better ones. Traffickers disempower people - we have to empower people. Traffickers try to make people invisible - we have to make them visible. Traffickers work across borders - we must work better across borders. Traffickers do more for less - we have to do more for less. https://beslaveryfree.com/australianfashionforum Remember the vehicle driver in Britain recently where a large number of Vietnamese people died in a container on the back of his truck. This type of trafficking is everywhere. We only hear about it, if the police or customs catch them red handed or in a horrific disaster as in this case. Kathleen mentions the documentary film Blue Jeans about workers in sweatshop conditions and terrible pay and long hours - where she mentions that NZ clothing firms have now closed and taken the business offshore to Asia. With the same ‘old reason’ - that it is un economic to run a business in NZ. Hence sweatshops produce cheap goods. Keeping the word ‘Slavery’ in the public consciousness The British want to always name it as Human Slavery - as against Trafficking - and horrendous as it is we are told that 12.5% of victims are in the sex industry and that the vast majority of others say 25% are children are slaves being under 18 and the rest are labour slaves. Also mentioned were crew on ships coming to NZ ports, be it cargo ships or fishing boats and that many of the crew are found to be horrendously exploited. For with fishing boats they can be at sea for months on end and when they dock in NZ ports there is no real ‘haven’ for crew to go and enjoy ‘recreation and rest’ and she even states that though NZ has signed an agreement to offer up a place where visiting crew upon landing can find as a safe ‘location’ to reorient themselves - that has not been forthcoming. To the degree it was mentioned that the crew are often paid in US dollars and in Lyttelton she said there is no bank, they are for US$1.00 given change in NZ$1.00 - (one for one) which is totally immoral. Also mentioned Kevin Bales a very courageous advocate - Free the slaves - blood and earth - uncovers many dreadful situations around our planet - smart phones = mining rare earth minerals especially in the Congo. https://www.freetheslaves.net/ He links the exploitation of the poor people to the exploitation of the earth. An article I=Kathleen did for Word Day against Trafficking in Persons 30 July. https://www.mercyworld.org/newsroom/enews/issue-830/ Kathleen said with regards to paedaphile networks and sex traffic or organ harvesting etc - this was outside her field of expertise. Yes, the Jeffrey Epstein saga is the tip of the iceberg and there is a huge white slave trade going on that has lots of East European girls conned into applying for modelling careers outside of Eastern Europe and then once away from their own country are kidnapped and pushed into prostitution etc. Finally Tim mentioned the Executive Order signed on the 21st December 2017 by Donald Trump. Executive Order Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption Law & Justice Issued on: December 21, 2017 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), the Global Magnitsky Human Rights Accountability Act (Public Law 114-328) (the “Act”), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)) (INA), and section 301 of title 3, United States Code, I, DONALD J. TRUMP, President of the United States of America, find that the prevalence and severity of human rights abuse and corruption that have their source, in whole or in substantial part, outside the United States, such as those committed or directed by persons listed in the Annex to this order, have reached such scope and gravity that they threaten the stability of international political and economic systems. Human rights abuse and corruption undermine the values that form an essential foundation of stable, secure, and functioning societies; have devastating impacts on individuals; weaken democratic institutions; degrade the rule of law; perpetuate violent conflicts; facilitate the activities of dangerous persons; and undermine economic markets. The United States seeks to impose tangible and significant consequences on those who commit serious human rights abuse or engage in corruption, as well as to protect the financial system of the United States from abuse by these same persons. I therefore determine that serious human rights abuse and corruption around the world constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and I hereby declare a national emergency to deal with that threat. https://www.whitehouse.gov/presidential-actions/executive-order-blocking-property-persons-involved-serious-human-rights-abuse-corruption/
Sen. Rand Paul (R-KY) says he was in the White House when Pres. Trump gave the directive to have John Brennan's security clearance revoked, but it never was. Paul also talks about his Pennies Plan, National Emergencies Act, and Trump's Tariffs.
In recent years, libertarians and progressives have found common cause in their concern that the growth of executive power is far in excess of constitutional limits. Our Constitution gives the president few explicit emergency powers, but presidents have invoked national emergencies as justification for a wide variety of actions. After Watergate, Congress created a framework for regulating this authority, in the 1976 National Emergencies Act. With President Trump’s decision to circumvent Congress and declare a national emergency so that he can construct a wall on the southern border, the propriety of the National Emergencies Act and broader separation of powers issues can no longer be avoided. For example, building the wall would entail seizing private property through eminent domain and reallocating funds that Congress has authorized for other purposes. Has the National Emergencies Act become part of the problem, rather than a solution? Should it be reformed? And how, more broadly, can we still allow presidents to appropriately handle moments of crisis while reining in executive overreach?This event is approved for 1.5 hours of California MCLE credit. See acast.com/privacy for privacy and opt-out information.
In recent years, libertarians and progressives have found common cause in their concern that the growth of executive power is far in excess of constitutional limits. Our Constitution gives the president few explicit emergency powers, but presidents have invoked national emergencies as justification for a wide variety of actions. After Watergate, Congress created a framework for regulating this authority, in the 1976 National Emergencies Act. With President Trump’s decision to circumvent Congress and declare a national emergency so that he can construct a wall on the southern border, the propriety of the National Emergencies Act and broader separation of powers issues can no longer be avoided. For example, building the wall would entail seizing private property through eminent domain and reallocating funds that Congress has authorized for other purposes. Has the National Emergencies Act become part of the problem, rather than a solution? Should it be reformed? And how, more broadly, can we still allow presidents to appropriately handle moments of crisis while reining in executive overreach? This event is approved for 1.5 hours of California MCLE credit.
On Thursday's Mark Levin Show, twelve Republican Senators and fourteen Republican Members of the House voted with Speaker Nancy Pelosi to block President Trump’s National Emergencies Act today. They do not have enough votes to stop his veto power, but the media is having a field day with this "defection." Pause and put yourself in the President's shoes; he runs a campaign on the issue of securing the border, he requests the funds for border security and Pelosi says no. Subsequently, the government is partially shut down because Congress continues to block him. So he uses his constitutional authority as head of the executive branch to use congressionally authorized statutes to declare a national emergency under the National Emergencies Act. Vowing to fulfill his duties as President and use already appropriated funds from the military to build the border barrier. Now, Congress is voting against him to block the use of his statutory authority and constitutional mandate to uphold the Constitution and protect our nation. Then, CNN's John King misrepresented the commentary on this program on his TV show. Depicting Trump's use of a Congressional Act is legal, unlike President Obama's abuse of executive orders when he governed by fiat and created the DACA legislation without going through Congress, or how Obama violated the treaties Act when he again skirted Congress with his Billion-dollar Iran Deal. Afterwards, a federal court has ruled that the gun maker Remington can be sued for the Sandy Hook massacre. Finally, Congressman Beto O'Rourke who was convicted of a DWI is now running for President. Learn more about your ad choices. Visit megaphone.fm/adchoices
New Zealand mosque shootings. Developing story. One report said one of the suspects carried out the attack to get even for Europeans killed by terrorists. Irrational and evil. Senate votes to disapprove of Trump's national emergency declaration. The problem is Congress. National Emergencies Act. Delegating authority to president. Courts making matters worse. Andrew McCarthy's article about the issue. Perhaps the stupidest legislation I've ever seen introduced in Georgia statehouse.
On Thursday's Mark Levin Show, twelve Republican Senators and fourteen Republican Members of the House voted with Speaker Nancy Pelosi to block President Trump’s National Emergencies Act today. They do not have enough votes to stop his veto power, but the media is having a field day with this "defection." Pause and put yourself in the President's shoes; he runs a campaign on the issue of securing the border, he requests the funds for border security and Pelosi says no. Subsequently, the government is partially shut down because Congress continues to block him. So he uses his constitutional authority as head of the executive branch to use congressionally authorized statutes to declare a national emergency under the National Emergencies Act. Vowing to fulfill his duties as President and use already appropriated funds from the military to build the border barrier. Now, Congress is voting against him to block the use of his statutory authority and constitutional mandate to uphold the Constitution and protect our nation. Then, CNN's John King misrepresented the commentary on this program on his TV show. Depicting Trump's use of a Congressional Act is legal, unlike President Obama's abuse of executive orders when he governed by fiat and created the DACA legislation without going through Congress, or how Obama violated the treaties Act when he again skirted Congress with his Billion-dollar Iran Deal. Afterwards, a federal court has ruled that the gun maker Remington can be sued for the Sandy Hook massacre. Finally, Congressman Beto O'Rourke who was convicted of a DWI is now running for President. Learn more about your ad choices. Visit megaphone.fm/adchoices
New Zealand mosque shootings. Developing story. One report said one of the suspects carried out the attack to get even for Europeans killed by terrorists. Irrational and evil. Senate votes to disapprove of Trump's national emergency declaration. The problem is Congress. National Emergencies Act. Delegating authority to president. Courts making matters worse. Andrew McCarthy's article about the issue. Perhaps the stupidest legislation I've ever seen introduced in Georgia statehouse.
New Zealand mosque shootings. Developing story. One report said one of the suspects carried out the attack to get even for Europeans killed by terrorists. Irrational and evil. Senate votes to disapprove of Trump's national emergency declaration. The problem is Congress. National Emergencies Act. Delegating authority to president. Courts making matters worse. Andrew McCarthy's article about the issue. Perhaps the stupidest legislation I've ever seen introduced in Georgia statehouse.
On Wednesday's Mark Levin Show, Republicans are undermining the President of The United States, some even dress up as Constitutional conservatives. Some of them don't understand the Constitution, the separation of powers, or the budget process. The National Emergencies Act affords the President specific authority, Congress and the courts can still override the president; this act does not give a president dictatorial powers.. Movement of funds under military codification act is Constitutional and has been used by many previous presidents. President Trump is not appropriating funds, he’s merely moving already appropriated funds under Congressionally approved statues in order to operate the executive branch and secure the southern border. Then, the media portrays the recent college admissions scandal as a rich versus poor scenario rather than wrong versus right. There are all types of people that scam the system when it comes to getting into college, not just rich actors. Even more odd is Sen. Elizabeth Warren's comments that she "has zero sympathy" for the people caught lying to colleges for admission despite her own misgivings where she lied on her college admissions applications to gain preferential treatment as a minority. She conned her way through school and is now trying to con the American people by saying that capitalism is married to socialism and that a free market is actually "theft." Our markets have common law rules of torts and contracts to protect those trading. In truth, the government's confiscatory regulations are the real theft. Learn more about your ad choices. Visit megaphone.fm/adchoices
On Wednesday's Mark Levin Show, Republicans are undermining the President of The United States, some even dress up as Constitutional conservatives. Some of them don't understand the Constitution, the separation of powers, or the budget process. The National Emergencies Act affords the President specific authority, Congress and the courts can still override the president; this act does not give a president dictatorial powers.. Movement of funds under military codification act is Constitutional and has been used by many previous presidents. President Trump is not appropriating funds, he’s merely moving already appropriated funds under Congressionally approved statues in order to operate the executive branch and secure the southern border. Then, the media portrays the recent college admissions scandal as a rich versus poor scenario rather than wrong versus right. There are all types of people that scam the system when it comes to getting into college, not just rich actors. Even more odd is Sen. Elizabeth Warren's comments that she "has zero sympathy" for the people caught lying to colleges for admission despite her own misgivings where she lied on her college admissions applications to gain preferential treatment as a minority. She conned her way through school and is now trying to con the American people by saying that capitalism is married to socialism and that a free market is actually "theft." Our markets have common law rules of torts and contracts to protect those trading. In truth, the government's confiscatory regulations are the real theft. Learn more about your ad choices. Visit megaphone.fm/adchoices
As the debates about the Southern border continue, the Brennan Center's Andrew Boyle details the 1976 law behind Trump's February 15 emergency declaration. As he tells it, the National Emergencies Act was put in place, in the wake of Watergate, to constrain presidential power. What are the current and coming legal challenges to Trump's declaration? And how can this law be reformed to avoid future stalemates?
As the debates about the Southern border continue, the Brennan Center's Andrew Boyle details the 1976 law behind Trump's February 15 emergency declaration. As he tells it, the National Emergencies Act was put in place, in the wake of Watergate, to constrain presidential power. What are the current and coming legal challenges to Trump's declaration? And how can this law be reformed to avoid future stalemates?
Summary Question: Does what’s going on at our southern border constitute a national crisis? Answer: Yes. Could this crisis have been avoided? Of course. And fairly easily. Whose fault is it? “Round up the usual suspects.” Trump and his administration, Democrats in Congress, and, well, us. You and me. For the next 10 minutes, we will talk about what this means to us as individuals, and to the future of our republic. Transcript Question: Does what’s going on at our southern border constitute a national crisis? Answer: Yes. Could this crisis have been avoided? Of course. And fairly easily. Whose fault is it? “Round up the usual suspects.” Trump and his administration, Democrats in Congress, and, well, us. You and me. For the next 10 minutes, we will talk about what this means to us as individuals, and to the future of our republic. Pause for some perspective here: Since 1979, US presidents, including Carter, Reagan, George H.W. Bush, Clinton, “W” and Obama, have used the National Emergencies Act of 1975 to declare 58 national emergencies; 31 are still in effect. So let’s not act like Trump is alone in walking on possibly thin Constitutional ice. How could this have been avoided? Simple: focus on the real issue, the core question, not personal and political warfare. The core question is clear, “Do we want secure borders?” If the answer is no, then nothing needs to be done, and there is, by definition, no emergency. Beto O’Rourke, a former Democratic member of Congress from Texas, and a name often mentioned as a candidate to be the Democratic presidential nominee in 2020, recently went on record opposing any extension of the existing border walls. His point was clear; if we add more wall-like barriers to entry, people wishing to come here illegally may suffer physically by having to travel further before finding any easy way to sneak in. That’s a man who wants open borders. And there are many more like him, although not all are as open about wanting open borders. Assume the answer to the secure border question is yes, that we do not want open borders as we have between and amongst the states. Everyone crossing a state border has citizenship rights, including voting, benefits, etc., as soon as they show up as residents in a new state. When the secure border decision is made, the politicians need to step aside and ask experts, people who know about borders and such, to come up with a plan about how best to secure the 2,000 mile border, with the most efficient use of taxpayer dollars. Once the experts have presented the plan, including specifics and cost, there may be some questions, but with tweaks the expert plan should stand. The last thing we can allow our politicians to do is to go wandering out of their core competency. Leave the specific planning and implementation to professionals. In some areas, a wall of some sort, perhaps aided by technology and personnel, might be exactly the right solution. In the middle of the Rio Grande, likely not. But experts can tell us. Politicians look at, for example, highway and bridge construction needs, and come up with funding. They don’t, thank goodness, tell the highway and bridge engineers how to lay out the highways and what materials to use. And they correctly stay away from telling the pros which type of bridge to use and where. But that is not happening with the critical issue of securing our border. Our politicians are micromanaging this issue; they think this benefits them, and it definitely harms us. And does anyone remember how badly the politicians screwed up the Vietnam war by micromanaging everything there, even including hand picking daily air strike targets? I damn well do. They shamefully wasted vast amounts of American blood and treasure by not letting the experts, the military, do their jobs. In tort law, civil law, there is a doctrine called “last clear chance.” With an auto accident, for example,
On Wednesday's Mark Levin Show, the Democrat Party has sided with David Duke as far as the Jewish community is involved. Speaker Pelosi was weak in defending the anti-Semitism displayed by Rep Ilhan Omar and allows bigotry to continue to take root in the Democrat Party. The Democrat Party and the media allow hate speech with no condemnation and defend fundamentalist front groups like the Council on American Islamic Relations (CAIR). Rep. Steve King was excoriated for his comments and removed from committee assignments in Congress, yet Omar remains on the Foreign Relations Committee and goes unnamed in resolutions condemning her anti-Semitic rhetoric. The media is focused on destroying Fox News for their dissenting reports because they don’t go along with commentators that support the president, while they spend all their time trying to take President Trump down. Then, the Republicans need to step up; Sen. Mitch McConnell needs to whip the votes and support the president on the National Emergencies Act instead of adding to the problem like Sen. Rand Paul. Where are Senators Tillis, Murkowski, and Collins? Afterwards, maybe the socialist sympathizers in America should live under it and experience it firsthand. No cars, planes, private healthcare, just public health facilities, bicycles, and vegetables free of all fossil fuels. Later, Mort Klein, the President of the Zionist Organization of America (ZOA), calls in to give his take on Ilhan Omar's anti-Semitic comments.. Finally, Victor Davis Hanson calls in and discusses hiw new book, the Case for Trump. Learn more about your ad choices. Visit megaphone.fm/adchoices
On Wednesday's Mark Levin Show, the Democrat Party has sided with David Duke as far as the Jewish community is involved. Speaker Pelosi was weak in defending the anti-Semitism displayed by Rep Ilhan Omar and allows bigotry to continue to take root in the Democrat Party. The Democrat Party and the media allow hate speech with no condemnation and defend fundamentalist front groups like the Council on American Islamic Relations (CAIR). Rep. Steve King was excoriated for his comments and removed from committee assignments in Congress, yet Omar remains on the Foreign Relations Committee and goes unnamed in resolutions condemning her anti-Semitic rhetoric. The media is focused on destroying Fox News for their dissenting reports because they don’t go along with commentators that support the president, while they spend all their time trying to take President Trump down. Then, the Republicans need to step up; Sen. Mitch McConnell needs to whip the votes and support the president on the National Emergencies Act instead of adding to the problem like Sen. Rand Paul. Where are Senators Tillis, Murkowski, and Collins? Afterwards, maybe the socialist sympathizers in America should live under it and experience it firsthand. No cars, planes, private healthcare, just public health facilities, bicycles, and vegetables free of all fossil fuels. Later, Mort Klein, the President of the Zionist Organization of America (ZOA), calls in to give his take on Ilhan Omar's anti-Semitic comments.. Finally, Victor Davis Hanson calls in and discusses hiw new book, the Case for Trump. Learn more about your ad choices. Visit megaphone.fm/adchoices
Christiane Amanpour is an award-winning journalist and Chief International Correspondent for CNN. She is also the host of Amanpour & Company, a CNN, PBS and WNET collaboration that features conversations with leaders and influencers across the globe. Christiane and Preet discuss: Her career as an international correspondent covering war zones The difference between being truthful and neutral How to prepare for an interview with a dictator Reporting on the trial of Saddam Hussein in 1995 References and supplemental materials The Q&A and the Button The National Emergencies Act Trump’s press conference where he declares a National Emergency Multi-state lawsuit challenging Trump’s National Emergency declaration An article in the Washington Post on the origin of the National Emergencies Act and its previous uses. An article from The Atlantic on eminent domain Chris Wallace interview with Stephen Miller The NYTarticle, Intimidation, Pressure and Humiliation: Inside Trump’s Two-Year War on the Investigations Encircling Him Acting Attorney General Matthew Whitaker’s testimony before the House Judiciary Committee An article in Washington Post on Trump’s (*not Preet’s) $50,000 golf simulator President Reagan’s remarks at the Ceremony for the Medal of Freedom (1/19/89), and transcript. From the interview Amanpour’s show, Amanpour & Co. Amanpour’s pinned tweet, “Truthful, not neutral” Amanpour’s interview with Pres Erdogan and transcript Amanpour’s interview with President Mugabe, and transcript Amanpour’s interview with President Obiang, and transcript Amanpour’s report on Saddam Hussein’s trial in 2005 Amanpour’s Sex and Love Around the Worldseries Amanpour reflects on reporting in Bosnia in the 1990s Amanpour’s reflection on working in the Gulf War pool system CNN’s rise during the Gulf War The Hollywood Reporterarticle where Anthony Bourdain calls Amanpour a “badass” A profile of Anthony Bourdain in The New Yorker Bourdain’s show, Parts Unknown Do you have a question for Preet? Tweet it to @PreetBharara with the hashtag #askpreet, email staytuned@cafe.com, or call 669-247-7338 and leave a voicemail.
Abby and Jim break down President Trump's national emergency declaration and recount the history of previous presidential action going back to the National Emergencies Act signed by Gerald Ford back in 1976. Is Trump misusing his power? How expensive is the wall? What did the late Sen. Bob Bennett mean by "budget dust?" The wall is creating both physical and political divisions, which have manifested themselves in the Jussie Smollett debacle. This series of unfortunate events also allows Abby to discuss the book series "A Series of Unfortunate Events" and its subsequent adaptations. Plus: Jim sings with a cold!
President Trump officially declares a National Emergency for building a border wall. Dana discusses how the spending bill is a bad idea. We open the phone lines for Open Line Friday. Stephen Yates joins us to discuss Venezuela and the National Emergencies Act. AOC celebrates the departure of Amazon’s plan to build in New York. Dana opens her Mailbag of Hate.
President Trump officially declares a National Emergency for building a border wall. Dana discusses how the spending bill is a bad idea. We open the phone lines for Open Line Friday. Stephen Yates joins us to discuss Venezuela and the National Emergencies Act. AOC celebrates the departure of Amazon's plan to build in New York. Dana opens her Mailbag of Hate.
The National Emergencies Act of 1976 says the president "has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations)." President Donald Trump has announced that he is declaring a national emergency at the U.S.-Mexico border, and he plans to redirect up to $8 billion in federal money to build a border barrier to keep foreigners from illegally entering the country. Beto O'Rourke declared emphatically that he not only opposes building “the Wall”, but he also wants all existing border fences torn down, including outside his home town of El Paso. In his explanation for why he opposes “the Wall” so strongly, the presidential hopeful made several points that align with the conservative case for building the wall. Andrew McCabe admitted in a “60 Minutes” interview that there were “high-level discussions” at the Justice Department about recruiting Cabinet members to invoke the 25th Amendment to remove President Donald Trump from office in the aftermath of former FBI Director James Comey's firing. John Milkovich, attorney, Democratic State Senator in Louisiana, and author of the book Robert Mueller: Errand Boy for the New World Order, will drop in to discuss that and the current state of the Mueller investigation. Don't forget about the Edwards Notebook and the Veteran's Tip of the Day! All of this and more as time allows. Listen live, join the chatroom, be a part of the show.
The National Emergencies Act of 1976 says the president "has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations)." President Donald Trump has announced that he is declaring a national emergency at the U.S.-Mexico border, and he plans to redirect up to $8 billion in federal money to build a border barrier to keep foreigners from illegally entering the country. Beto O'Rourke declared emphatically that he not only opposes building “the Wall”, but he also wants all existing border fences torn down, including outside his home town of El Paso. In his explanation for why he opposes “the Wall” so strongly, the presidential hopeful made several points that align with the conservative case for building the wall. Andrew McCabe admitted in a “60 Minutes” interview that there were “high-level discussions” at the Justice Department about recruiting Cabinet members to invoke the 25th Amendment to remove President Donald Trump from office in the aftermath of former FBI Director James Comey's firing. John Milkovich, attorney, Democratic State Senator in Louisiana, and author of the book Robert Mueller: Errand Boy for the New World Order, will drop in to discuss that and the current state of the Mueller investigation. Don't forget about the Edwards Notebook and the Veteran's Tip of the Day! All of this and more as time allows. Listen live, join the chatroom, be a part of the show.
President Trump last night in the State of the Union Address did not invoke, nor that he threaten to use a declaration of a national emergency in order to get his wall in the U.S. southern border. It is still possible he can still use his power and use this recourse in the next week and a half before the deadline comes for another government shutdown. Today, we are in conversation about the law that gives the president such authority: the National Emergencies Act of 1976. Guest: Brianne Gorod, is chief counsel of the Constitutional Accountability Center. She is a former clerk to Supreme Court Justice Stephen Breyer. Her piece on this issue can be found here The National Emergencies Act Is Not a Blank Check. The post A History of The National Emergencies Act of 1976 appeared first on KPFA.
On Tuesday's Mark Levin Show, President Trump might be the first President since 1976 to NOT use the National Emergencies Act of 1976. This is a legitimate law that was passed by Congress, not an executive order. What alternatives do Mitch McConnell and other Republicans that are criticizing his use of this act offer to secure the border? All we get is more massive spending and debt. McConnell and Paul Ryan had their chance to solve this problem and didn't. Trump needs to take this to the courts ASAP! Then, we must reject populism — we are a Republic — populism isn't built into our Constitution. Meanwhile the attack against our institutions are unrelenting by Chuck Schumer and others who won't support Trump's anticipated call for unity at tonight's State of The Union. The Democrats won't stop until they get amnesty. Afterwards, the media is in full hype mode promoting the SOTU response from Stacy Abrams, a former candidate for Governor of Georgia. The narrative is being spread by all networks from Donna Brazile to Schumer promoting Abrams as the main event, calling Trump the warm up act to Abrams. They are playing up Abrams just like they play up AOC, and Barack Obama years earlier. Lastly, Governor Andrew Cuomo is upset that NY revenues have dropped so the state has less money to spend due to the increasingly unfriendly environment for wealthy New Yorkers. Learn more about your ad choices. Visit megaphone.fm/adchoices
On Tuesday's Mark Levin Show, President Trump might be the first President since 1976 to NOT use the National Emergencies Act of 1976. This is a legitimate law that was passed by Congress, not an executive order. What alternatives do Mitch McConnell and other Republicans that are criticizing his use of this act offer to secure the border? All we get is more massive spending and debt. McConnell and Paul Ryan had their chance to solve this problem and didn't. Trump needs to take this to the courts ASAP! Then, we must reject populism — we are a Republic — populism isn't built into our Constitution. Meanwhile the attack against our institutions are unrelenting by Chuck Schumer and others who won't support Trump's anticipated call for unity at tonight's State of The Union. The Democrats won't stop until they get amnesty. Afterwards, the media is in full hype mode promoting the SOTU response from Stacy Abrams, a former candidate for Governor of Georgia. The narrative is being spread by all networks from Donna Brazile to Schumer promoting Abrams as the main event, calling Trump the warm up act to Abrams. They are playing up Abrams just like they play up AOC, and Barack Obama years earlier. Lastly, Governor Andrew Cuomo is upset that NY revenues have dropped so the state has less money to spend due to the increasingly unfriendly environment for wealthy New Yorkers. Learn more about your ad choices. Visit megaphone.fm/adchoices
On Monday's Mark Levin Show, what's wrong with America, when babies that are born can be aborted? We have sitting elected officials that are a disgrace and its applauded as a woman's choice? Future generations will look back and recognize this barbarism. It’s shocking that every religious organization, every politician, and every citizen does not rise up and fight this. We once believed in right versus wrong, good versus evil, and some of us still do but the silence of the majority is deafening. Also, freedom of the press has become dogma; it’s no longer comparable to the brave men that ran printing presses and led the revolution for liberty in America. Today the threat is tyranny but the Marxists have figured out that euphemisms like 'sticking it to the rich' and 'redistributing wealth' work a lot better. Today the press have become the voices of tyranny as they work diligently every day to destroy a sitting president. Afterwards, the State of The Union is just another stage for the lunacy of the left. Trump may in fact have to trigger the National Emergencies Act of 1976 just as previous presidents have. His use of this act is perfectly legitimate and allows for Congress to vote against his use of it. Despite critics claims that this is an effort to circumvent Congress, it was a Democratic Congress that passed this law in 1976. The National Emergencies Act has been used more than 50 times since its inception. Finally, person(s) close to President Trump are trying to destroy him; this time leaking his schedules to the media. President Lincoln warned that America would only be destroyed by itself, from within; so like President Reagan admonished: "Freedom is never more than one generation away from extinction..It must be fought for, protected, and handed on for them to do the same." Learn more about your ad choices. Visit megaphone.fm/adchoices
On Monday's Mark Levin Show, what's wrong with America, when babies that are born can be aborted? We have sitting elected officials that are a disgrace and its applauded as a woman's choice? Future generations will look back and recognize this barbarism. It’s shocking that every religious organization, every politician, and every citizen does not rise up and fight this. We once believed in right versus wrong, good versus evil, and some of us still do but the silence of the majority is deafening. Also, freedom of the press has become dogma; it’s no longer comparable to the brave men that ran printing presses and led the revolution for liberty in America. Today the threat is tyranny but the Marxists have figured out that euphemisms like 'sticking it to the rich' and 'redistributing wealth' work a lot better. Today the press have become the voices of tyranny as they work diligently every day to destroy a sitting president. Afterwards, the State of The Union is just another stage for the lunacy of the left. Trump may in fact have to trigger the National Emergencies Act of 1976 just as previous presidents have. His use of this act is perfectly legitimate and allows for Congress to vote against his use of it. Despite critics claims that this is an effort to circumvent Congress, it was a Democratic Congress that passed this law in 1976. The National Emergencies Act has been used more than 50 times since its inception. Finally, person(s) close to President Trump are trying to destroy him; this time leaking his schedules to the media. President Lincoln warned that America would only be destroyed by itself, from within; so like President Reagan admonished: "Freedom is never more than one generation away from extinction..It must be fought for, protected, and handed on for them to do the same." Learn more about your ad choices. Visit megaphone.fm/adchoices
On Tuesday's Mark Levin Show, we discourage President Trump from working closely with radical libertarians Charles and David Koch's plan for amnesty. We must stem the flow of illegal immigration and strengthen border security, doing otherwise risks a potential loss of conservative supporters in his base. Republicans must stop running from the Democrats when they start pushing; waffling here could cost Trump his presidency. Mitch McConnell has exploded the debt and done nothing the entire time he's been in Congress to fix our illegal immigration problem. Government is not the answer. Conservatives must stop this! Using the National Emergencies Act, the Immigration and Naturalization Act, and other laws is not a cause for alarm. No one balked at its use over the past 43 years; it’s not like Trump is declaring martial law or creating new laws—he's simply addressing a national emergency at the border. Also, former Starbucks CEO Howard Schultz, blasts the idea of healthcare for all, as leftists Sen Kamala Harris and Rep Alexandria Ocasio-Cortez have promoted, saying it’s a bad idea because it would destroy an entire industry and is obviously unaffordable. Perhaps Harris should visit Auschwitz to see what happens when unarmed citizens are attacked by the third Reich, instead of suggesting that Americans be disarmed. Finally, historian Victor Davis Hanson calls in to discuss the state of progressivism from the point of humanity in his new column "The Progressive Race to the Bottom." Learn more about your ad choices. Visit megaphone.fm/adchoices
On Tuesday's Mark Levin Show, we discourage President Trump from working closely with radical libertarians Charles and David Koch's plan for amnesty. We must stem the flow of illegal immigration and strengthen border security, doing otherwise risks a potential loss of conservative supporters in his base. Republicans must stop running from the Democrats when they start pushing; waffling here could cost Trump his presidency. Mitch McConnell has exploded the debt and done nothing the entire time he's been in Congress to fix our illegal immigration problem. Government is not the answer. Conservatives must stop this! Using the National Emergencies Act, the Immigration and Naturalization Act, and other laws is not a cause for alarm. No one balked at its use over the past 43 years; it’s not like Trump is declaring martial law or creating new laws—he's simply addressing a national emergency at the border. Also, former Starbucks CEO Howard Schultz, blasts the idea of healthcare for all, as leftists Sen Kamala Harris and Rep Alexandria Ocasio-Cortez have promoted, saying it’s a bad idea because it would destroy an entire industry and is obviously unaffordable. Perhaps Harris should visit Auschwitz to see what happens when unarmed citizens are attacked by the third Reich, instead of suggesting that Americans be disarmed. Finally, historian Victor Davis Hanson calls in to discuss the state of progressivism from the point of humanity in his new column "The Progressive Race to the Bottom." Learn more about your ad choices. Visit megaphone.fm/adchoices
On Monday's Mark Levin, the media is now turning on their own, attacking Tom Brokaw for saying "Hispanics should work harder at assimilation." instead of criticizing him for his comments on some people not wanting brown grandbabies due to "the intermarriage that is going on and the cultures that are conflicting." But the media and the government all support balkanization because their progressive agenda is rooted in collectivism not individualism and certainly not Americanism. Following the backlash, Brokaw took to twitter to apologize for his statement on assimilation. Also, the Democrats are proposing the idea of a bill that would prevent the government from ever being shutdown again. This is a terrible idea that flies in the face of the Constitution. President Trump still hasn't ruled out the use of his authority under the National Emergencies Act and has received a favorable determination regarding installing a border barrier to prevent narcotics from entering the country. Later, Sen. Kamala Harris is being promoted on cable news as the 2020 Presidential frontrunner despite her brief tenure and lack of achievement in the US Senate. Harris' thin record is weak and her campaign seems to be centered around racism and other "ism's". Finally, breaking news: five Houston Police officers were shot and one suspect was killed; story is still developing at this time. Our prayers are with the Houston Police and their families. Learn more about your ad choices. Visit megaphone.fm/adchoices
On Monday's Mark Levin, the media is now turning on their own, attacking Tom Brokaw for saying "Hispanics should work harder at assimilation." instead of criticizing him for his comments on some people not wanting brown grandbabies due to "the intermarriage that is going on and the cultures that are conflicting." But the media and the government all support balkanization because their progressive agenda is rooted in collectivism not individualism and certainly not Americanism. Following the backlash, Brokaw took to twitter to apologize for his statement on assimilation. Also, the Democrats are proposing the idea of a bill that would prevent the government from ever being shutdown again. This is a terrible idea that flies in the face of the Constitution. President Trump still hasn't ruled out the use of his authority under the National Emergencies Act and has received a favorable determination regarding installing a border barrier to prevent narcotics from entering the country. Later, Sen. Kamala Harris is being promoted on cable news as the 2020 Presidential frontrunner despite her brief tenure and lack of achievement in the US Senate. Harris' thin record is weak and her campaign seems to be centered around racism and other "ism's". Finally, breaking news: five Houston Police officers were shot and one suspect was killed; story is still developing at this time. Our prayers are with the Houston Police and their families. Learn more about your ad choices. Visit megaphone.fm/adchoices
The black letter law and articles discussed in this episode are: National Emergencies Act of 1976 https://www.govinfo.gov/content/pkg/STATUTE-90/pdf/STATUTE-90-Pg1255.pdf Clinton v. City of New York 524 US 417 (1998) https://www.oyez.org/cases/1997/97-1374 INS v. Chadha 462 US 919 (1983) https://www.oyez.org/cases/1981/80-1832 Communications Act of 1934 as amended. Section 706 is found on page 323 https://transition.fcc.gov/Reports/1934new.pdf List of 58 declared national emergencies https://www.brennancenter.org/sites/default/files/analysis/NEA%20Declarations.pdf 50 USC 35 International Emergency Economic Powers Act https://www.treasury.gov/resource-center/sanctions/documents/ieepa.pdf Can President Trump Fund the Wall by Declaring a National Emergency? By Prof. Bobby Chesney on Lawfare https://www.lawfareblog.com/can-president-trump-fund-wall-declaring-national-emergency Declaring an Emergency to Build a Border Wall: The Statutory Arguments by Margaret Taylor on Lawfare https://www.lawfareblog.com/declaring-emergency-build-border-wall-statutory-arguments CRS Report for Congress on National Emergency Powers https://fas.org/sgp/crs/natsec/98-505.pdf What Can a President Do During a State of Emergency? In the Atlantic https://www.theatlantic.com/magazine/archive/2019/01/presidential-emergency-powers/576418/ NSLT episodes on sanctions and IEEPA Weaponizing the Dollar with Adam Smith https://soundcloud.com/nsltoday/weaponizing-the-dollar-with-adam-smith The Summer of Sanctions with Brian Egan https://soundcloud.com/nsltoday/the-summer-of-sanctions-with-brian-egan Jamil Jaffer is the founder of the National Security Institute at George Mason University https://www.law.gmu.edu/faculty/directory/adjunct/jaffer_jamil_n Paul Rosenzweig is a senior advisor at the Chertoff Group, a lecturer at George Washington University Law School and a senior fellow at the R Street Institute https://www.rstreet.org/team/paul-rosenzweig/
On Monday's Mark Levin Show, Today we celebrate Martin Luther King Jr. Day, which is a National Holiday and the federal Government is shut down, as it always is on a National Holiday. Nancy Pelosi effectively controls the appropriation process in the house and whether or not the federal government will receive $5.7 Billion for the border wall, but Pelosi just keeps blocking and obstructing the government from re-opening. Yes, the president can use the National Emergencies Act, but this is a rare exception, the reality is that Congress must deliver on appropriations. Therefore, the ball is in Pelosi's court! Then, in response to this program's calls for a leak investigation regarding Friday's BuzzFeed News story—which was challenged by the Special Counsel's statement saying the article was inaccurate— BuzzFeed News reporter Anthony Cormier said he couldn't elaborate because it might prompt a leak investigation. It seems BuzzFeed, Robert Mueller, and The White House heard this program's bombshell analysis in their fake-news story, loud and clear. Afterwards, freedom of the press isn't owned by the media, its owned by We The People. When people sit in these powerful positions and lie, and spin, they in fact become the enemy of We The People. Over the weekend the fake news media claimed a bunch of catholic high school kids were berating a native American activist, however, a closer look at the full video shows the boys were walking away from another group that was harassing them, not the other way around. Later, President Trump made several concessions in an imperfect proposal, but it does not include amnesty. Trump is fighting harder than any other president in history for physical barriers at our southern border. But, what exactly is Pelosi proposing in these negotiations? Learn more about your ad choices. Visit megaphone.fm/adchoices
On Monday's Mark Levin Show, Today we celebrate Martin Luther King Jr. Day, which is a National Holiday and the federal Government is shut down, as it always is on a National Holiday. Nancy Pelosi effectively controls the appropriation process in the house and whether or not the federal government will receive $5.7 Billion for the border wall, but Pelosi just keeps blocking and obstructing the government from re-opening. Yes, the president can use the National Emergencies Act, but this is a rare exception, the reality is that Congress must deliver on appropriations. Therefore, the ball is in Pelosi's court! Then, in response to this program's calls for a leak investigation regarding Friday's BuzzFeed News story—which was challenged by the Special Counsel's statement saying the article was inaccurate— BuzzFeed News reporter Anthony Cormier said he couldn't elaborate because it might prompt a leak investigation. It seems BuzzFeed, Robert Mueller, and The White House heard this program's bombshell analysis in their fake-news story, loud and clear. Afterwards, freedom of the press isn't owned by the media, its owned by We The People. When people sit in these powerful positions and lie, and spin, they in fact become the enemy of We The People. Over the weekend the fake news media claimed a bunch of catholic high school kids were berating a native American activist, however, a closer look at the full video shows the boys were walking away from another group that was harassing them, not the other way around. Later, President Trump made several concessions in an imperfect proposal, but it does not include amnesty. Trump is fighting harder than any other president in history for physical barriers at our southern border. But, what exactly is Pelosi proposing in these negotiations? Learn more about your ad choices. Visit megaphone.fm/adchoices
On Mondays Mark Levin Show, so-called constitutionalistson the Right are pouncing on the president for suggesting the use of the National Emergencies Act. Unconstitutional, illegal and improper are not to be conflated with a difference of opinion. Commentators who suggest otherwise don't understand constitutional conservatism and have never criticized previous presidents who have used the same law. So why the misunderstanding? Congress can still "check" the president by reversing such action with a simple majority. This is not autocratic, unlike DACA which had no statutory basis in law, the president is fully within his rights to do so. In fact, any such action would pale in comparison to President Trump's predecessors' usage of the same Act. Many of these so-called "conservative" commentators are "never-Trumpers" that are doing America a disservice by omitting history and context from their analysis. Then, the New York Times spent the weekend joining the demagoguery and Russian propaganda theorizing on whether President Trump was a Russian spy, knowingly or unknowingly. Yet the only evidence that we've seen shows that the Obama Administration, DOJ, FBI abused the FISA Court to spy on Trump. They tried to go after Trump's team using the Logan Act as a pretext to start a criminal operation. They used political opposition research for these misdeeds, and they're still not done. The Democrats and the media have been in bed together in this unrelenting attack to reverse the outcome of the 2016 election by advancing their narrative of Trump-Russian collusion. Later, Sen. Diane Feinstein should be investigated for "political espionage" per a Federalist article in August of 2018. Learn more about your ad choices. Visit megaphone.fm/adchoices
On Mondays Mark Levin Show, so-called constitutionalistson the Right are pouncing on the president for suggesting the use of the National Emergencies Act. Unconstitutional, illegal and improper are not to be conflated with a difference of opinion. Commentators who suggest otherwise don't understand constitutional conservatism and have never criticized previous presidents who have used the same law. So why the misunderstanding? Congress can still "check" the president by reversing such action with a simple majority. This is not autocratic, unlike DACA which had no statutory basis in law, the president is fully within his rights to do so. In fact, any such action would pale in comparison to President Trump's predecessors' usage of the same Act. Many of these so-called "conservative" commentators are "never-Trumpers" that are doing America a disservice by omitting history and context from their analysis. Then, the New York Times spent the weekend joining the demagoguery and Russian propaganda theorizing on whether President Trump was a Russian spy, knowingly or unknowingly. Yet the only evidence that we've seen shows that the Obama Administration, DOJ, FBI abused the FISA Court to spy on Trump. They tried to go after Trump's team using the Logan Act as a pretext to start a criminal operation. They used political opposition research for these misdeeds, and they're still not done. The Democrats and the media have been in bed together in this unrelenting attack to reverse the outcome of the 2016 election by advancing their narrative of Trump-Russian collusion. Later, Sen. Diane Feinstein should be investigated for "political espionage" per a Federalist article in August of 2018. Learn more about your ad choices. Visit megaphone.fm/adchoices
Today's episode tackles the mechanics of the shutdown and whether (and how) Donald Trump can build that wall despite widespread opposition. We begin with an Andrew Was Wrong about the identity of Corey Robin and the incorporation doctrine. Enjoy a fun segue to Gitlow v. New York and why you should never repeat the trope that free speech doesn’t include the right to shout ‘fire’ in a crowded theater. After that, it’s a deep dive into… what exactly is a “government shutdown,” anyway? What laws govern this? Why do some federal employees have to keep showing up? Isn’t that “involuntary servitude?” And can Trump declare a state of emergency or use “military eminent domain” to just build the wall anyway? Then, it’s time for our weekly trip back to Yodel Mountain. In Rod We Trust… so why is he stepping down? And what’s the deal with that secret foreign-owned corporation that shut down an entire floor right before the holidays? Listen and find out! Finally, it's time for Thomas Takes The Bar Exam #109, another dreaded real property question! As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Appearances None! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links Serious Inquiries Only Episode 175 Schenck v. U.S., 249 U.S. 47 (1919) Gitlow v. New York, 268 U.S. 652 (1925) Anti-Deficiency Act 31 U.S.C. § 1341 et seq. Federal courts notice Futurama “pain monster” clip Military eminent domain: 10 U.S.C. § 2663 1973 report on delegated powers National Emergencies Act: 50 U.S.C. § 1621 Search the federal register for “National Emergency” 10 U.S.C. § 2808 33 U.S.C. § 2293 Ackerman op-ed -DC Circuit Court opinion in mystery foreign corporation case Manafort sentencing memo Support us on Patreon at: patreon.com/law Follow us on Twitter: @Openargs Facebook: https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! For show-related questions, check out the Opening Arguments Wiki And email us at openarguments@gmail.com[podcast src="https://html5-player.libsyn.com/embed/episode/id/8220119/height/360/theme/standard/thumbnail/yes/preload/no/direction/forward/" height="360" width="100%" placement="bottom" theme="standard"] Download Link
On Thursday's Mark Levin Show, the notion of liberty versus tyranny is that of right versus wrong. The crisis at the border was born from the desires of the left and corporatists seeking cheap labor. The courts, the administrative state, and the left are dragging America into a post-constitutional state. What has President Donald Trump done to violate the Constitution? Nothing! Yet, President Franklin Delano Roosevelt forcibly removed American citizens of Japanese descent and placed them in internment camps - this decision was upheld by the US Supreme Court and FDR is lauded as a great progressive president in our nation's history. President Eisenhower rounded up illegal aliens inside the US and increased border security in an official operation known as "Operation Wetback" as reported by the New York Times. Despite baseless accusations Trump has not done nothing like this. Past presidents have shut down newspapers and imprisoned journalists, yet Trump has never done anything like this and gets accused of being the greatest threat to the media. So as Trump uses his legitimate constitutional authority to remedy the illegal immigration crisis at our southern border he is attacked and criticized for using the National Emergencies Act of 1976, which was passed by a Democratic majority in Congress. Trump isn't making this up, he has the legitimate authority to invoke this authority just like most presidents before him, who used this statute and received no criticism for using it. Of course this isn't in the interest of the United States, it’s to benefit the Democrats desire to change the Citizenry, diminish Americanism, and cultivate new progressive voters. And while all this is going on, while we are distracted by the Left, by the media, as they constantly eat away at the fabric of this country, our enemies organize. Red China, Fascist Russia, Islamo-Nazi Iran, Stalinist North Korea: They build their nukes. They organize, while we have to fight the Democrats. Learn more about your ad choices. Visit megaphone.fm/adchoices
On Thursday's Mark Levin Show, the notion of liberty versus tyranny is that of right versus wrong. The crisis at the border was born from the desires of the left and corporatists seeking cheap labor. The courts, the administrative state, and the left are dragging America into a post-constitutional state. What has President Donald Trump done to violate the Constitution? Nothing! Yet, President Franklin Delano Roosevelt forcibly removed American citizens of Japanese descent and placed them in internment camps - this decision was upheld by the US Supreme Court and FDR is lauded as a great progressive president in our nation's history. President Eisenhower rounded up illegal aliens inside the US and increased border security in an official operation known as "Operation Wetback" as reported by the New York Times. Despite baseless accusations Trump has not done nothing like this. Past presidents have shut down newspapers and imprisoned journalists, yet Trump has never done anything like this and gets accused of being the greatest threat to the media. So as Trump uses his legitimate constitutional authority to remedy the illegal immigration crisis at our southern border he is attacked and criticized for using the National Emergencies Act of 1976, which was passed by a Democratic majority in Congress. Trump isn't making this up, he has the legitimate authority to invoke this authority just like most presidents before him, who used this statute and received no criticism for using it. Of course this isn't in the interest of the United States, it’s to benefit the Democrats desire to change the Citizenry, diminish Americanism, and cultivate new progressive voters. And while all this is going on, while we are distracted by the Left, by the media, as they constantly eat away at the fabric of this country, our enemies organize. Red China, Fascist Russia, Islamo-Nazi Iran, Stalinist North Korea: They build their nukes. They organize, while we have to fight the Democrats. Learn more about your ad choices. Visit megaphone.fm/adchoices
The government is shut down and Trump and his beloved wall are back in the news. Trump is eager to get the wall built, but a lot of his party and the majority of democrats are against it. He’s threatening to call the country into a state of emergency and get the wall built via emergency funds. Does he have the power to do that? Matt and Tony dive into the history of National Emergencies and discuss whether or not declaring a national emergency for the wall are within Trump’s powers. Highlights: [04:22] – Schumer and Pelosi – The worlds worst public speakers [05:05] – Emergency procedures for The President [10:18] – Youngstown Sheet, 1952 [14:20] – The National Emergencies Act [16:49] – George W Bush sanctions Zimbabwe [22:16] – Adam Schiff beefs with Trump [23:51] – The Presidents power and authority [26:33] – The fence and the war on drugs The Takeaway – This stand off and shutdown doesn’t seem to be anywhere near the finish line. Hollywood Improv Ticket Link: https://improv.com/hollywood/event/legally+insane+with+matt+ritter+and+tony+sam%21/9003415/ Twitter: @mattritter1 @toekneesam Website: www.cascademedia.com
President Trump and congressional Democrats remain at an impasse over a White House proposal to fund the construction of a southern border wall. The president has said that if Congress decides not to appropriate the funds, then he will “probably” declare a national emergency to circumvent Congress and build the wall. On this episode of We the People, we ask: what would happen if the president decided to declare a national emergency and divert military funds to build the wall? What statutes could he rely on? And would such an action be constitutional? Host Jeffrey Rosen and constitutional law experts Mark Tushnet of Harvard Law and Sai Prakash of University of Virginia Law explore the constitutional clauses, cases, and laws at issue in this hotly contested debate, including the Take Care, Appropriations, and Takings Clauses of the Constitution, the Youngstown Sheet & Tube Co. v. Sawyer case, and the National Emergencies Act of 1976 and related statutes. Questions or comments about the show? Email us at podcast@constitutioncenter.org.
President Trump and congressional Democrats remain at an impasse over a White House proposal to fund the construction of a southern border wall. The president has said that if Congress decides not to appropriate the funds, then he will “probably” declare a national emergency to circumvent Congress and build the wall. On this episode of We the People, we ask: what would happen if the president decided to declare a national emergency and divert military funds to build the wall? What statutes could he rely on? And would such an action be constitutional? Host Jeffrey Rosen and constitutional law experts Mark Tushnet of Harvard Law and Sai Prakash of University of Virginia Law explore the constitutional clauses, cases, and laws at issue in this hotly contested debate, including the Take Care, Appropriations, and Takings Clauses of the Constitution, the Youngstown Sheet & Tube Co. v. Sawyer case, and the National Emergencies Act of 1976 and related statutes. Questions or comments about the show? Email us at podcast@constitutioncenter.org.
On Wednesday's Mark Levin Show, Nancy Pelosi and Chuck Schumer claim the crisis at the border is manufactured. Yet Federal law enforcement authorities say otherwise. In a time where everything is a "crisis" the left swoops in to “fix" these crises with more taxes, more regulation, and nationalize private businesses, but that's not the remedy! The progressive democrats are determined to change the electorate with unassimilated foreigners that have entered the country illegally. The left and the big labor lobby are all for this cheap labor, but this will cost our nation greatly in the long run. Barack Obama turned a blind eye in his second term and, in effect, joined the Koch brothers and the US Chamber of Commerce to continue the influx of illegal immigration. This has only led to chaos at the border and the question is do we want the entire nation to become a sanctuary state? Then, former Border Chief under Obama, Mark Morgan calls in to explain why a wall is necessary at the southern border. Yet Pelosi and Schumer continue to lie saying that TSA is stretched thin creating a crisis at the airports, but the TSA union head disagrees and says it’s simply not true. Progressivism is battling conservatism and America and her President, deserve our support. Afterwards, Conservative Review Editor Daniel Horowitz calls in to discuss the legality of the President's use of the National Emergencies Act. Finally, is it possible that the Robert Mueller team is coordinating with the Democratic leadership regarding the contents of the upcoming report? Learn more about your ad choices. Visit megaphone.fm/adchoices
On Wednesday's Mark Levin Show, Nancy Pelosi and Chuck Schumer claim the crisis at the border is manufactured. Yet Federal law enforcement authorities say otherwise. In a time where everything is a "crisis" the left swoops in to “fix" these crises with more taxes, more regulation, and nationalize private businesses, but that's not the remedy! The progressive democrats are determined to change the electorate with unassimilated foreigners that have entered the country illegally. The left and the big labor lobby are all for this cheap labor, but this will cost our nation greatly in the long run. Barack Obama turned a blind eye in his second term and, in effect, joined the Koch brothers and the US Chamber of Commerce to continue the influx of illegal immigration. This has only led to chaos at the border and the question is do we want the entire nation to become a sanctuary state? Then, former Border Chief under Obama, Mark Morgan calls in to explain why a wall is necessary at the southern border. Yet Pelosi and Schumer continue to lie saying that TSA is stretched thin creating a crisis at the airports, but the TSA union head disagrees and says it’s simply not true. Progressivism is battling conservatism and America and her President, deserve our support. Afterwards, Conservative Review Editor Daniel Horowitz calls in to discuss the legality of the President's use of the National Emergencies Act. Finally, is it possible that the Robert Mueller team is coordinating with the Democratic leadership regarding the contents of the upcoming report? Learn more about your ad choices. Visit megaphone.fm/adchoices
Low-lights of the Ryan budget are described after we run down the bills passed by the House this week. We also look into an eighteen-year emergency continued this week by President Obama. H.R. 749: Eliminate Privacy Confusion Act The banks currently have to send out a notice regarding their privacy policies every year. This bill would change the law so the banks only have to send the privacy notices out when they change their privacy policies. The privacy policies will be posted online. HR 890: Preserving the Welfare Work Requirement and TANF Extension Act This bill extends the the Temporary Assistance for Needy Families Program, which is welfare, through the end of this calendar year. The bill also prohibits the Obama administration from following through with a plan to give states waivers which would allow them to operate their own welfare programs, so long as there is a proven 20% increase in the number of welfare recipients who find work. This bill would effectively make sure the Federal government has a one-size-fits all approach to welfare. HR 803: SKILLS Act [caption id="" align="alignright" width="159"] Grandma Foxx of North Carolina sponsored the SKILLS Act[/caption] Would be effective for fiscal year 2014 Most significant effect: It would change the make up of local boards that decide how our taxpayer money would be spent on welfare-to-work and job training programs. The local boards would effectively be in corporate control. Currently: The boards are already required to be a majority of people from the business community, specifically business owners. This bill would change it so that a 2/3 majority of the boards would be business owners. Also, the seat for representatives from labor organizations would be eliminated. The boards are required to come up with a plan for the states on how they run their work programs, including how the state will spend taxpayer money. The boards would also be able to award government funded contracts to the entities that provide training services. It would effectively allow businesses to tell states how to govern. It also prohibits the government job training centers from competing with private employment agencies. The bill would also consolidate 35 different programs into one giant program. The bill would order an accounting of the number of federal workers who administer job training programs and within one year, fire all the federal workers whose positions were gobbled up in the merge. President Obama and the Senate Democrats have already said they don't support it; it won't become law. Ignored Subpoenas Ted Poe (TX) informed Congress that he intends to ignore a subpoena sent by Orly Taitz, a lawyer from Rancho Santa Margarita, CA. Orly Taitz is part of the Defend our Freedoms Foundation and her website proclaims to be the "World's Leading Obama Eligibility Challenge Website". Taitz filed a temporary restraining order to prohibit President Obama's inauguration because they claim that he's using a fake social security number and his birth certificate is forged. US Attorney's filed an opposition on behalf of Congress to stop Taitz's restraining order. Now she's sending subpoena's to members of Congress to try to get them to say they didn't support the US Attorney's effort to squash her restraining order against the President. Ted Poe's response: "After consultation with the Office of Gen-eral Counsel, I have determined under Rule VIII that the subpoena seeks information that is not ‘‘material and relevant'' and that it is not ‘‘consistent with the privileges and rights of the House.'' Accordingly, I intend to move to quash the subpoena. God and Texas, TED POE" Another subpoena was ignored this week by the Permanent Select Committee on Intelligence. The subpoena was issued for a criminal trial being prosecuted by the US District Court for the District of Arizona. The stated reason the subpoena was ignored was because the "documents sought are not material and relevant" and that subpoena is not consistent with the privileges and rights of the House." No more information could be found. Continuing Emergency from 1995 National Emergencies Act automatically ends a National Emergency after 90 days unless the President informs Congress that the emergency needs to continue. President Clinton signed an Executive Order on March 15, 1995 that puts sanctions on Iran's nationalized oil industry. The sanctions prohibit any United States citizen or company from entering into a contract to develop Iran's oil resources, either by physically managing the development or financing it. President Clinton enacted these sanctions after Iran opened their petroleum resources to foreign investment, allowing our corporations to get their invested money back, but not take home profits. Obama Emergency Notification sent to Congress on March 12, 2013: "The actions and policies of the Government of Iran are contrary to the interests of the United St ates in the region and continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. For these reasons, I have deter-mined that it is necessary to continue the national emergency declared with respect to Iran and to maintain in force comprehensive sanctions against Iran to deal with this threat." The Ryan Budget Taxes * Change the tax structure from seven brackets to two. The rate for poor people would be 10% * Repeal the Alternative Minimum Tax * Lower the top tax rate to 25% for individuals and corporations Education * Remove regulations in higher education to allow more online classes * Freezes cap on Pell grants for college at $5,645 per year (currently $5,500) * "Eliminate ineffective & duplicative federal education programs. Health Care * Repeal ObamaCare bit by bit * Repeal the Federal expansion of Medicaid (100% paid by Fed gov't, down to 90% in 2016) * Repeal the health-care exchanges * Repeal the entire health-care law. * Want to make sure that "not a penny goes toward implementing the new law." * Ban on denial of coverage due to pre-existing conditions would remain illegal. * Choice program that would allow workers to devote their employer's health-coverage contribution to purchase a health plan that works for them.. if their employer allows it. Medicare * For people born in 1959 or later, Medicare would be privatized. You would have to choose between private plans or a fee for service, go bankrupt if you get really sick, plan. Taxpayer money in the form of a voucher would pay for the private insurance for people whose savings has been drained. * Medicare would have exchanges, just like the ones that would be defunded for the rest of us. * Seniors would get gov't money only for the "second-least-expensive private plan or fee-for-service" plan, whichever costs less. If the senior wants a better plan, they pay the difference out of pocket. Prohibiting Lawsuits * Limits on noneconomic and punitive damages in medical liability lawsuits. Retirement * Make federal workers pay more towards their pensions so that their benefits come closer to sucking as much as the private sector * "The CBO estimated that, on average, federal employees make 16% more in total compensation than their private-sector counterparts. This reform would begin to rectify that imbalance." Federal Workforce Cuts * Reduce the federal workforce by 10% by 2015. * Reduce the federal workforce "not through layoffs, but via a gradual, sensible attrition policy." Energy * Defund renewable projects; "The budget aims to roll back federal interventional and corporate-welfare spending across energy sectors." * Open the Outer Continental Shelf to oil drilling * Sell off "millions of acres federal land" to oil & gas companies. "The federal government owns nearly one-third of the land in the country… substantial volumes of oil and gas are known to lie under these government lands." * Prohibit the government from buying land. Right now, proceeds from land sales need to go towards buying other parcels of land. The Ryan budget would take 70% of that and put it towards deficit reduction. * "The sale of billions of dollars' worth of federal assets would… remove economic distortions by reducing public ownership." * Limit the amount of money the Department of Interior could collect from the fire sale to $60 million per year. Transportation * Eliminate funding for high-speed rail projects * "High speed rail and other new intercity rail projects should be pursued only if they can be established as self-supporting commercial services" Defense * $560.2 billion for 2014, $6 trillion over the next decade = spending increases. * "It is approximately $500 billion more than will be available absent changes in the Budget Control Act. Our security is the federal government's top priority. The budget must reflect that fact."
Yes, America is Still in an Official State of Emergency by Washington's Blog Is the U.S. still in an official state of emergency, and if so, what that means. The answer is yes, we are still in a state of emergency. Specifically: On September 11, 2001, the government declared a state of emergency. That declared state of emergency was formally put in writing on 9/14/2001: "A national emergency exists by reason of the terrorist attacks at the World Trade Center, New York, New York, and the Pentagon, and the continuing and immediate threat of further attacks on the United States. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me as President by the Constitution and the laws of the United States, I hereby declare that the national emergency has existed since September 11, 2001 . . . ." That declared state of emergency has continued in full force and effect from 9/11 [throughout the Bush administration] to the present. On September 10 2009, President Obama continued the state of emergency: The terrorist threat that led to the declaration on September 14, 2001, of a national emergency continues. For this reason, I have determined that it is necessary to continue in effect after September 14, 2009, the national emergency with respect to the terrorist threat. Does a State of Emergency Really Mean Anything? Does a state of emergency really mean anything? Yes, it does: The Washington Times wrote on September 18, 2001: "Simply by proclaiming a national emergency on Friday, President Bush activated some 500 dormant legal provisions, including those allowing him to impose censorship and martial law." Is the Times correct? Well, it is clear that pre-9/11 declarations of national emergency have authorized martial law. For example, as summarized by a former fellow for the Hoover Institution and the National Science Foundation, and the recipient of numerous awards, including the Gary Schlarbaum Award for Lifetime Defense of Liberty, Thomas Szasz Award for Outstanding Contributions to the Cause of Civil Liberties, Lysander Spooner Award for Advancing the Literature of Liberty and Templeton Honor Rolls Award on Education in a Free Society: In 1973, the Senate created a Special Committee on the Termination of the National Emergency (subsequently redesignated the Special Committee on National Emergencies and Delegated Emergency Powers) to investigate the matter and to propose reforms. Ascertaining the continued existence of four presidential declarations of national emergency, the Special Committee (U.S. Senate 1973, p. iii) reported: "These proclamations give force to 470 provisions of Federal law. . . . taken together, [they] confer enough authority to rule the country without reference to normal constitutional processes. Under the powers delegated by these statutes, the President may: seize property; organize and control the means of production; seize commodities; assign military forces abroad; institute martial law; seize and control all transportation and communications; regulate the operation of private enterprise; restrict travel; and, in a plethora of particular ways, control the lives of all American citizens." (Most or all of the emergency powers referred to by the above-quoted 1973 Senate report were revoked in the late 1970's by 50 U.S.C. Section 1601. However, presidents have made numerous declarations of emergency since then, and the declarations made by President Bush in September 2001 are still in effect). It is also clear that the White House has kept substantial information concerning its presidential proclamations and directives hidden from Congress. For example, according to Steven Aftergood of the Federation of American Scientists Project on Government Secrecy: "Of the 54 National Security Presidential Directives issued by the [George W.] Bush Administration to date, the titles of only about half have been publicly identified. There is descriptive material or actual text in the public domain for only about a third. In other words, there are dozens of undisclosed Presidential directives that define U.S. national security policy and task government agencies, but whose substance is unknown either to the public or, as a rule, to Congress." As former United States congressman Dan Hamburg wrote in October: While ... Congress and the judiciary, as well as public opinion, “can restrain the executive regarding emergency powers,” nothing of the sort has occurred. Under the 1976 National Emergencies Act (50 U.S.C. 1601-1651), Congress is required to review presidentially declared emergencies. Specifically, “not later than six months after a national emergency is declared, and not later than the end of each six-month period thereafter that such emergency continues, each House of Congress shall meet to consider a vote on a joint resolution to determine whether that emergency shall be terminated.” Over the past eight years, Congress has failed to obey its own law, a fact that casts doubt on the legality of the state of emergency. As far as public opinion is concerned, how many Americans are even aware that a state of emergency even exists. For that matter, how many members of Congress know? ... The Obama administration is essentially arguing that the United States is currently in a state of resisting foreign invasion a full eight years after the attacks of 9/11! This is ludicrous. [Dr. Harold C. Relyea, a specialist in national government with the Congressional Research Service (CRS) of the Library of Congress] argues that Congress and the judiciary, as “co-equal branches of constitutional government,” serve as a check on the executive power. As we have seen, Congress has either been shut out of this process, or, as in so many cases, it has capitulated. Dr. Relyea then offers that public opinion can restrain the executive. But the public doesn’t even know they’re living under a state of emergency. The media doesn’t report it, and the government is certainly not in the business of providing information that might raise the hackles of real Americans. It’s time for the American people to rise to this challenge. Write your member of Congress, and your senators. Tell them to obey their own laws. Tell them to end this phony and treacherous state of emergency that imperils the freedom of us all. Hamburg's must-read article also discusses the suspension of Possse Comitatus, the operation of Northcom inside the U.S., and the refusal of the Department of Homeland Security to provide information on the state of emergency to Congress or even to Congress members on the Homeland Security committee with the highest security clearances.
On this week's episode of The Politics Guys Trey Orndorff is joined by Ken Katkin. The two get into the constitutional and legal details surrounding national emergencies. Specifically the two discuss what constitutes a national emergency and the National Emergencies Act of 1976. Further the look at the historic context of presidential power in times of emergency and the way the Supreme Court has upheld, or struck down, presidential power. After an extended discussion Trey turns to the issue of Andrew McCabe and the two discuss both the constitutional question of the 25th amendment — including historical reasoning — and the pragmatical political outcome McCabe hoped to achieve. *Listener support helps make The Politics Guys possible*. If you're interested in supporting the show, go to patreon.com/politicsguys ( https://www.patreon.com/politicsguys ) or politicsguys.com/support ( http://www.politicsguys.com/support ). Support this podcast at — https://redcircle.com/the-politics-guys/donations Advertising Inquiries: https://redcircle.com/brands Privacy & Opt-Out: https://redcircle.com/privacy
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