Go back
Is the Wall legal?

Is the Wall legal?

Debates

mchill
Cryptic

Behind the scenes

Joined
27 Jun 16
Moves
3283
Clock
27 Aug 16
1 edit

As many of you know, one of Donald Trump's ideas is to force Mexico to pay to build a wall on our southern boarder. I cannot imagine that this would actually happen, but could some of the people here in the legal community explain to me what this process would entail. Would this need to be approved by Congress? Does a President have the authority to use the military to force another country to do this? Is there a chance the Supreme Court would rule it unconstitutional? I don't know enough about the law to understand how this process would work.

shavixmir
Lord

Sewers of Holland

Joined
31 Jan 04
Moves
89744
Clock
27 Aug 16
Vote Up
Vote Down

Originally posted by mchill
As many of you know, one of Donald Trump's ideas is to force Mexico to pay to build a wall on our southern boarder. I cannot imagine that this would actually happen, but could some of the people here in the legal community explain to me what this process would entail. Would this need to be approved by Congress? Does a President have the authority to use the m ...[text shortened]... t unconstitutional? I don't know enough about the law to understand how this process would work.
He can build a wall if he wants. However, walls generally keep people in, rather than out...

He can't actually force Mexico or Canada to build the wall, without declaring war on them and enforcing slave labour.

He can torpedo trade to the extent that he's blackmailing a country to do his work for him, but I don't think American businesses would be happy with that; I'm presuming a lot of exports go to Mexico.

I don't know if the US president has emergency powers to invoke trade embargos. He can wage a war to a certain extent.

w

Joined
02 Jan 06
Moves
12857
Clock
27 Aug 16

Originally posted by mchill
As many of you know, one of Donald Trump's ideas is to force Mexico to pay to build a wall on our southern boarder. I cannot imagine that this would actually happen, but could some of the people here in the legal community explain to me what this process would entail. Would this need to be approved by Congress? Does a President have the authority to use the m ...[text shortened]... t unconstitutional? I don't know enough about the law to understand how this process would work.
This is how the system works.

Appoint stooges to SCOTUS.

Write Executive Order

Tell your critics to go to hell.

Any questions?

twhitehead

Cape Town

Joined
14 Apr 05
Moves
52945
Clock
27 Aug 16

Originally posted by mchill
Would this need to be approved by Congress?
https://en.wikipedia.org/wiki/Declaration_of_war#United_States
Given that forcing Mexico to pay would essentially be a declaration of war, it does seem that Congress' approval would be required.
I find it hilarious that you would even ask. Its obvious to everyone that asking or forcing Mexico to pay for a wall is ridiculous.

w

Joined
02 Jan 06
Moves
12857
Clock
27 Aug 16

Originally posted by twhitehead
https://en.wikipedia.org/wiki/Declaration_of_war#United_States
Given that forcing Mexico to pay would essentially be a declaration of war, it does seem that Congress' approval would be required.
I find it hilarious that you would even ask. Its obvious to everyone that asking or forcing Mexico to pay for a wall is ridiculous.
The US has been at "war" with all sorts of countries over the years without calling it "war".

Take Libya for example. Obama says that that was not really a war at all, so no need to declare war or notify Congress under the War Powers Act.

The rule of law is now null and void in the US. Anything goes and all you need is power and the scepter in hand.

F

Unknown Territories

Joined
05 Dec 05
Moves
20408
Clock
27 Aug 16

Originally posted by mchill
As many of you know, one of Donald Trump's ideas is to force Mexico to pay to build a wall on our southern boarder. I cannot imagine that this would actually happen, but could some of the people here in the legal community explain to me what this process would entail. Would this need to be approved by Congress? Does a President have the authority to use the m ...[text shortened]... t unconstitutional? I don't know enough about the law to understand how this process would work.
It really comes down to one's preference as it relates to speed in being screwed.
Just the mere threat of a trade embargo would likely see Mexico instantly start building in order to avoid becoming Cuba, Jr..
Mexico is very aware how dependent she is on the fattened sow north of her, and how even a temporary kink in the hose would devastate their economy.
We're their dealer; they'll jump through any hoop we require.

shavixmir
Lord

Sewers of Holland

Joined
31 Jan 04
Moves
89744
Clock
27 Aug 16
2 edits

Originally posted by whodey
The US has been at "war" with all sorts of countries over the years without calling it "war".

Take Libya for example. Obama says that that was not really a war at all, so no need to declare war or notify Congress under the War Powers Act.

The rule of law is now null and void in the US. Anything goes and all you need is power and the scepter in hand.
Yes... However... They didn't try to force the Africans to build a wall.... And make them pay for it themselves?

Jesus F Christ.... Slavery! The ultimate capitalist wet dream... All in the name if safety...

Oh, I love Trump!

F

Unknown Territories

Joined
05 Dec 05
Moves
20408
Clock
27 Aug 16
1 edit

Originally posted by shavixmir
Yes... However... They didn't try to force the Africans to build a wall.... And make them pay for it themselves?

Jesus F Christ.... Slavery! The ultimate capitalist wet dream... All in the name if safety...

Oh, I love Trump!
Not sure if the irony of your position gives you as much of a chuckle as it gave me, as we typically don't relish the thought that we hold contradictory positions.
But what the hell: I'm a generous guy, I don't mind helping a fellow sojourner out.

The current border sieve has been a slavery-inducing system for the better part of a century.
When anyone crosses the border legally, they are able to compete openly in the market, receive reward commiserate with their efforts and the full panoply of benefits afforded every other member of our society.
Those who slip into the country illegally are guaranteed a life of slavery: inequitable pay, no protection and none of the many benefits enjoyed by the rest of society.
How did they get here?
The forementioned sieve that is our border control.
The rules will not change with a wall; they'll simply be nearly universally applied.

The wall ends Mexican slavery, otherwise known as the capitalist's wet dream.

EDIT: Pretty sure His middle initial is supposed to be 'H.'

shavixmir
Lord

Sewers of Holland

Joined
31 Jan 04
Moves
89744
Clock
27 Aug 16

Originally posted by FreakyKBH
Not sure if the irony of your position gives you as much of a chuckle as it gave me, as we typically don't relish the thought that we hold contradictory positions.
But what the hell: I'm a generous guy, I don't mind helping a fellow sojourner out.

The current border sieve has been a slavery-inducing system for the better part of a century.
When anyo ...[text shortened]... wn as the capitalist's wet dream.

EDIT: Pretty sure His middle initial is supposed to be 'H.'
Not when one is swearing in a Scottish accent it's not!

F

Unknown Territories

Joined
05 Dec 05
Moves
20408
Clock
27 Aug 16

Originally posted by shavixmir
Not when one is swearing in a Scottish accent it's not!
Missed the subtlety, FFS!

Cookies help us deliver our Services. By using our Services or clicking I agree, you agree to our use of cookies. Learn More.