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Video instructions and help with filling out and completing How Form 5495 Limitations

Instructions and Help about How Form 5495 Limitations

Music welcome to uncommon knowledge I'm Peter Robinson today two of the nation's leading constitutional scholars on the president the wall the shut down the Muller investigation the bar nomination the Supreme Court it's a shame to have the two of you here and so little to talk about Richard Epstein is a professor of law at New York University a professor of law Meritus and a senior lecturer at the university of chicago and a fellow here at the Hoover Institution Richard regularly appears on every list of the most cited and most influential legal scholars of the last half century john yoo is a professor at the University of California at Berkeley School of Law professor you served as deputy assistant US attorney general in the office of legal counsel during the administration of President George W Bush professor U is here to point out that as brilliant as Richard Epstein is he is nevertheless sometimes sometimes mistaken Richard Richard and John thank you topic 1 the wall and the shutdown President Trump wants 5.7 billion dollars to build a section of wall or fencing or barrier as he's now calling it on the border 5.7 billion dollars is about 1/8 of 1% of the federal budget but the Democrats in the House of Representatives under Speaker Nancy Pelosi say no hence government shutdown President Trump keeps saying that if necessary if the shutdown lasts too long and as we tape this the shutdown has now become the longest in history he has and I'm quoting him here an undoubted right undoubted right to declare a national emergency and then use pentagon funds to build the barrier without a congressional appropriation does such an undoubted right exist which undoubtedly no really oh he's clearly wrong about not even close not even close John I disagree but that's because the niche the notion of what's a national emergency has been diluted over the years we've had national emergencies over the great swine flu epidemic of 2022 remember that one but that wasn't one we had a national emergency about the expiration of the Export Control Act we've had national emergency doesn't mean what we think of it well hurricane an attack from another country does mean the Congress has been diluted by the statutes in some cases but these ones he's talking the division has been statutory not just yes therein lies there's almost is that to the extent that you dilute the terms so much that it allows the executive to work completely on his own for whatever reason he sees there's a serious question of whether or not this is an unconstitutional delegation of an excessive authority to the president and the definition that John talked about of what is an emergency old-style hurricanes Wars invasions and so forth you can't say that about a problem which is less acute today than it was 20 years ago in terms of people coming in and out of Mexico a soap wait a minute now here's what I want to make sure I understand you are saying that according to statute the President does have the power but he should be no no no it's not it's more complicated than that because it's talking about essential to national security and this is he's gonna be ironically bit by the following thing he appointed two very able men to the Supreme Court both of whom are against such and justice Cavanaugh and what he's now doing is claiming that he has complete deference and he appointed them to limit the deference of the administrative state so if they read this tightly essential meaning you have to prove that there's some connection to it they're gonna lose there was a recent case on the word essential which went exactly that way you had to show that there was a real nexus of one kind or another and they kicked back a delegation under the Endangered Species Act so this thing is very much up for use to run or or at least play a major role in the Office of Legal Counsel at the Department of Justice and that's where a lot of these legal is the office of legal counsel as I understand it is at least in large measure the think-tank the legal think-tank for the White House what is it legal for the President to do X Y or Z okay how would you advise President Trump so first the the second question you start with this I think which is if there's a national emergency there are several statutes which say the president can move money around to build things right for military construction from drug interdiction even move money out of civil projects to military projects so if there's a national emergency I don't think it's a hard question that he can build that wall that tiny little outpost of a wall under yeah so the real question is there national emergency I think if I were still in the office of legal counsel I would advise a president that it's within his discretion to declare one president's before 1978 presidents didn't even act Pursuit there was no statute we've kidded it Thomas Jefferson during the Aaron Burr conspiracy Lincoln this one oh really get Richards Rob yeah FDR in four years into the Great Depression declared a national emergency on the banks yes on the bank and so you've had presidents declare national emergencies Truman during career FDR and the pressure over and over again in 1978 Congress said we're going to pass something called the national emergencies act do you think I do this up so they didn't they had the opportunity to say national emergency is only a B or C or has this characteristics they didn't they just said when the president declares a national emergency he has to announce it in public that's it so bankers had its chance let.

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