Could POTUS Use This Procurement to Fund The Wall?
Public Law 85-804
When needed "to facilitate the National Defense"
Prez can Procure funds, pre-pay contractors
Only needs to give Congress 60 days written notice
Key points:
-
Congress delegated its power of the purse
to Prez to use according to his Judgment
on what is necessary for Nat'l defense
-
Posse Comitatus argument is rendered moot
bc this would hire civilian contractors
History:
Is a Procurement Law, made in the time of Korean Law
Aug. 1958, Ike cited the law, not cited again till Hussein
1973, Congress amended, could pass statement of disapproval
1990, Removed provision (to streamline Gulf War)
Law has never been challenged in court, however…
2014, Hussein Presidential Memo stating that United Agency for Int'l Dev.
(funds many NGO's) could use the law "to indemnify USAID contractors
in Africa from claims, losses, or damages from exposure to Ebola in Africa"
(bc our national defense is tied to "humanitarian mandate")
Origins:
Law was lifted line-for-line from
1941 War Powers Act of 1941 passed by Congress Dec.17
enabled Roosevelt to push fwd WWII post Pearl Harbor
One change:
to facilitate prosecution of the War →
''"to facilitate the National Defense"''
POTUS an also make use of additional law,
essentially the Mil version of Eminent Domain:
10 US Code Sec. 2663 Land Acquisition Authorities
"to force the sale of any remaining 700 miles of passable land
along the southern border which is still in private hands"
Sauce:
Podcast is suitable to share w/normies:
http://fash-the-nation.libsyn.com/ftn-focus-third-way-wall-positionism
https://www.law.cornell.edu/uscode/text/10/2663
PDF: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwjQotCHxvrfAhVGxIUKHeVaCscQFjAAegQICRAB&url=https%3A%2F%2Fwww.gpo.gov%2Ffdsys%2Fpkg%2FSTATUTE-72%2Fpdf%2FSTATUTE-72-Pg972.pdf&usg=AOvVaw3rYtSjzGbKCL2uv_P-6S2Y
https://www.govinfo.gov/app/details/USCODE-2010-title10/USCODE-2010-title10-subtitleA-partIV-chap159-sec2663