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UPDATE: Trump signs funding bill and declares national emergency, promptly admits he didn't actually need to declare a national emergency


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15 minutes ago, Chairslinger said:

 

 

Most likely in favor of Trump if the Muslim ban is any indication.

 

There are two points that would probably decide the thing.....

 

 

1. They decided the Muslim ban by accepting the pretextual justification from the Trump administration while ignoring substantial past comments on the grounds that as long as the order itself had a legally defensible effect it was ok. On its face, this sounds a hell of a lot like the judgement they are going to have to make here.

 

2. However, since there seems to be legitimate worry on the Right about what this precedent would mean longterm, SCOTUS may find some technicality to rule that the "take the pres at his word and respect his authoritah" applied to one but not the other.

They don't need a technicality congress just passed a law restricting his ability to build a wall, he can't go around congress, the implications of such a ruling would basically make our entire government null and void, lol.

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  • Jason changed the title to UPDATE: Trump signs funding bill and declares national emergency, promptly admits he didn't actually need to declare a national emergency
9 minutes ago, SFLUFAN said:

What?

If he doesn't sign a bill, it automatically passes after X amount of time, but because the deadline to avoid the shutdown is looming, the gov would still get shutdown until it auto passes because he didn't sign. So he could have not signed, not passed it himself, yet caused a shutdown and passed it at the same time 

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2 minutes ago, 2user1cup said:

If he doesn't sign a bill, it automatically passes after X amount of time, but because the deadline to avoid the shutdown is looming, the gov would still get shutdown until it auto passes because he didn't sign. So he could have not signed, not passed it himself, yet caused a shutdown and passed it at the same time 

I'm not aware of any provision that a bill automatically goes into effect without a signature.

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32 minutes ago, Jason said:

 

In fact, I'm pretty sure he's thinking of pocket vetos.

 

41 minutes ago, 2user1cup said:

If he doesn't sign a bill, it automatically passes after X amount of time, but because the deadline to avoid the shutdown is looming, the gov would still get shutdown until it auto passes because he didn't sign. So he could have not signed, not passed it himself, yet caused a shutdown and passed it at the same time 

Apologies to @2user1cup - he's correct.

 

The Constitution grants the president 10 days to review a measure passed by the Congress. If the president has not signed the bill after 10 days, it becomes law without his signature.

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4 minutes ago, CitizenVectron said:

So if a President refuses to sign a bill, then it is effectively a veto. So if Congress then passes it with a veto-proof majority, does the President still have to sign it? Or does it become law immediately?

Actually, that's only the case with a "pocket veto":

 

A pocket veto occurs when a bill fails to become law because the president does not sign the bill and cannot return the bill to Congress within a 10-day period because Congress is not in session. 

 

If a President refuses to sign a bill while Congress is in session, then it automatically becomes law after 10 days.

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1 minute ago, SFLUFAN said:

 

Apologies to @2user1cup - he's correct.

 

The Constitution grants the president 10 days to review a measure passed by the Congress. If the president has not signed the bill after 10 days, it becomes law without his signature.

 

Looking it up again, I think Congress has to be adjourned for it to be a pocket veto.

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6 minutes ago, b_m_b_m_b_m said:

When was the last time Congress went out of session? Isn't that when the president can do the whole recess appointment nonsense?

They have several short breaks and I think two

long breaks in summer and winter.

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6 minutes ago, 2user1cup said:

Congress having breaks has nothing to do with what would happen in this case 

Article 1, section 7. Were the congress to be on break during the time the passed bill hit its 10th day, and the president hadn’t signed it, it doesn’t become law.

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