There has been much adieu made about Speaker of the House Nancy Pelosi’s disinviting President Donald J. Trump to give the State of the Union address on the floor of the House of Representatives.
But, just as Pelosi had no authority to use a military jet for her overseas vacation with a Congressional delegation Thursday after Trump cancelled her plane, she appears to have no power to stop him from convening the Congress for the State of the Union, especially given the emergency at the southern border.
The legal precedent lies in an opinion from the Deputy Solicitor General for President Franklin Delano Roosevelt, a man by the name of George T. Washington, who, from his post at the Department of Justice, told Congress that the president has the Constitutional authority to convene them even when they are adjourned, as they are now due to the partial government shutdown.
“There is nothing in the Constitution to indicate, nor is there any other basis for believing, that the President’s power to convene the Congress on extraordinary occasions depends upon the precise nature of the recess or the adjournment, that is, whether the adjournment is sine die, until a day certain, or until the majority leaders of the Congress find it in the public interest to reassemble the two houses,” Washington wrote in 1947.
Washington highlighted that the authority for the President to proceed as such exists especially during “extraordinary occasions.”
“The important factor would appear to be not the nature of the recess or adjournment but, rather, that the Congress is not in session and that an extraordinary occasion has arisen which requires that it be in session and that it convene, therefore, at a date earlier than it otherwise would,” he wrote. “It is beyond question that the two houses of the Congress do not have the power, even by statute, to defeat the constitutional power of the President, under Article II, Section 3, to convene the Congress on such an occasion.”
In this case, the “extraordinary occasion” is obvious: America’s porous southern border is costing American lives and crippling the lives of others via the dangerous drugs that pour into the country unfettered.
In a sane nation, one in which a political party wouldn’t be willing to sacrifice innocent lives or the wellbeing of its citizenry simply to defy a political foe, such legal pretense – all to give a simple speech – might not be necessary. But since, in 2019, the Democratic Party is interested in playing games with America’s security and prosperity, perhaps they’ll need to be compelled to let Trump elucidate the full scope of the problem on a national stage.
If that is the road Pelosi and company want to take, Trump appears to have the legal authority squash them yet again – and he should.
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President Trump Preparing New Executive Order to Rescind DACA Amnesty After SCOTUS Decision
SCOTUS threw out the last one on procedural grounds.
White House sources have indicated that President Donald Trump is planning on signing a new executive order to terminate President Obama’s DACA amnesty program this week.
The Supreme Court had thrown out an earlier executive order to terminate the program in a court ruling last month, terminating the federal drive to enforce American immigration laws on supposed procedural inadequacies.
White House chief of staff Mark Meadows suggested that the President would soon sign a new executive order to terminate the amnesty program, while speaking on Fox and Friends on Monday morning. “Starting this week, you’ll see executive orders, you’ll see business that actually goes forward from the Oval Office when Congress doesn’t act.”
The President has spoken openly of his intention to terminate DACA a second time after the Supreme Court’s arbitrary decision. The court’s ruling had established that the President has complete authority to terminate the amnesty for a selected population of almost a million illegal immigrants, expanded by President Obama without congressional approval in 2014.
— Donald J. Trump (@realDonaldTrump) June 18, 2020
The court’s own ruling will likely prevent the judicial branch from overthrowing a second DACA termination executive order, having admitted that the federal government has every right to terminate the program that was implemented on a whim.
Liberal billionaire oligarchs such as George Soros and Charles Koch continue to fund an influence campaign to maintain the amnesty order, hoping to secure a status quo of open borders and weak immigration laws with the hopes of delivering a broad pool of affordable labor for large businesses and the American elite.
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