Printable Statutory Declaration: Fill & Download for Free

Short answer is Yes, Long answer is kind of and the real answer it has nothing to do with trade: so pick the one you like.Surprisingly it does not quite work the way he imagines, He has the absolute right and authority once he petitions congress to give him the ability successfully.I am skeptical of anyone regardless of position or prestige proclaiming absolute knowledge of the law when they have not even taken the LSAT. He always claims he has absolute authority to do anything. If the law were so easy to understand it would not require years of academic study followed by years of practice , He is the epitome of a jail house lawyer.I am not a lawyer much less a practicing constitutional one, so I can not offer a learned opinion on this : only some research and some questions:“The International Emergency Economic Powers Act (IEEPA) provides the President broad authority to regulate a variety of economic transactions following a declaration of national emergency. IEEPA, like the Trading with the Enemy Act (TWEA) from which it branched, sits at the center of the modern U.S. sanctions regime. Changes in the use of IEEPA powers since the act’s enactment in 1977 have caused some to question whether the statute’s oversight provisions are robust enough given the sweeping economic powers it confers upon the President upon declaration of a state of emergency. “ —-https://fas.org/sgp/crs/natsec/R45618.pdfSo, I suppose the first question would be“What is the national emergency?”“How is a national emergency determined?”“How could a national emergency be declared?”OverviewThe National Emergencies Act (NEA) authorizes the president to declare a “national emergency.”1 A declaration under NEA triggers emergency authorities contained in other federal statutes. Past NEA declarations have addressed, among other things, the imposition of export controls and limitations on transactions and property from specified nations.2 A national emergency was declared in 2001 after the September 11th terrorist attacks and has been renewed every year since then. (Download a printable PDF.)What the Law DoesThe NEA authorizes the president to declare a national emergency, which declaration activates emergency powers contained in other federal statutes.3 During the 2009 H1N1 influenza pandemic, the president’s declaration of a national emergency under the NEA, coupled with the HHS secretary’s prior determination of a public health emergency under Section 319 of the Public Health Service Act (PHSA), permitted the activation of Social Security Act (SSA) Section 1135 waiver authorities. (See Figure A for the text of the 2009 H1N1 NEA declaration.)How the Law WorksThe NEA does not provide any specific emergency authority on its own, but relies on emergency authorities provided in other statutes. A national emergency declaration allows for the activation of these other statutory authorities. Emergency statutory provisions are not activated automatically, however; they must be specifically identified in the president’s declaration before these authorities may be given effect.DeclarationNEA Section 201 authorizes the president to declare a national emergency. The proclamation of a national emergency must be immediately transmitted to Congress and published in the Federal Register.1,2 Under NEA Section 301, statutory emergency authorities enabled by the national emergency declaration cannot be exercised until the president specifies the provisions of law under which the president or other officials will act. Such specification may be made either in the declaration or in subsequent Executive Orders published in theFederal Register and transmitted to Congress. ————-National Emergencies Act, Sections 201 and 301In my very lay opinion: while there seems to be provision to support a national emergency is anything the President deems as a national emergency there is a little bit of effort and homework that goes into it in order to sale it to congress.So yes prima facia lly (not sure that is a word if not coining it because love anytime I can include the term facial in an academic thought.,,on the surface he is right, he has the authority to declare a national emergency and under that use IEEPA to supersede a number of legal obstacles. If only wishing made it true for the President,He still has to sell the emergency to congress and well articulating a policy point and making an eloquent legal argument might not be inside the Presidents wheel house,This is where he might hit a snag. First the House is not going to vote to shoot the economy in the foot. Second, Trump can not have a meeting with the Speaker of the House without going out of his way to insult her before and after the meeting which makes it a little hard to move people to your side of an issue…some call this the art of diplomacy. Next , even if for some reason the house decided to pass it, His buddy Mitch in the senate might have an issue with it because , well at the very least its going to make his wife and if not wife unhappy, definetly his inlaws:“WASHINGTON (Reuters) - Senate Republican Leader Mitch McConnell on Wednesday prodded President Donald Trump’s administration to quickly resolve festering trade disputes particularly with China, saying tariffs imposed by other countries in response to Trump’s trade policies are starting to pinch the “red hot” U.S. economy” Senator McConnell says tariffs hurt, urges trade progressThen there is his (Mitch) wife Ms. Chao“In China, the Chaos are no ordinary family. They run an American shipping company with deep ties to the economic and political elite in China, where most of the company’s business is centered. The trip was abruptly canceled by Ms. Chao after the ethics question was referred to officials in the State and Transportation Departments and, separately, after The New York Times and others made inquiries about her itinerary and companions.“She had these relatives who were fairly wealthy and connected to the shipping industry,” said a State Department official who was involved in deliberations over the visit. “Their business interests were potentially affected by meetings.”====A ‘Bridge’ to China, and Her Family’s Business, in the Trump CabinetSo assuming that after spending the morning before meeting with her (Trump vs Nancy) insulting the Speaker, she still rallies and wrangles democratic support to pass the national emergency legislation; Mitch would have to bring it to a Senate vote while disregarding his public position on trade, tariffs and the economy and no doubt causing issues for his family and particularly his inlaws.The upside is it will be great news for trade and the economy, but not particularly ours. It will allow China to go into places against US sanctions that it previously has not been able to except in limited range such as Afghanistan, Iran, the Sudan etc. It will be a huge benefit to Canada actually as now many Americans will start purchasing goods either through Canada or actually going to Canada to purchase them.It will force American business to employ and rely on American components and jobs or will it. Wouldn’t they just transfer their HQ over seas or at list just create subsidiaries that are free to do whatever with whomever as there are still 131 other countries to sell and trade with?Again I really am not an expert and am not saying that to be coy, sarcastic , ironic or cheeky, but it seems to me if I am a huge international company like Azus, Acer, Google, AT&T Coca Cola, Amazon, Ford, Chevy, Walt Disney, —-well I would just create a new corporate structure that allows me to continue to benefit after all I have huge departments of people called lawyers who specialize in the law who just have to design a way for me to profit the most from whatever act and since this one would not be in response to a great crisis be it sovereignty or humanitarian , I do not see even Coca Cola running scared. I say Coke because they have in the past shown great integrity as a company , most probably known leaving German during the rise of the Nazi party.So what is my opinion of his statement: it is him playing to “yellow peril” fears of his base, while finding a way to paint democrats as against Americans and on the side of China as he did both in the 2016 primary against other republicans and in the general election utilizing a slew of logic fallacy to give the appearance of winning a debate.

One must first understand the LAW or have an understanding of it.Start by reading it here. I draw your attention to the “What it does” and “How it works” area…Now, as much of your current President’s acts and decisions have been contested, Let’s all wait for the USSC and their decisions rather than speculate obout how RIGHT or WRONG he is shall we? That is the way it was done when I was an AmeircanAdditionally, this is the specific Congressional Research Service Sidebarhttps://fas.org/sgp/crs/natsec/LSB10267.pdfNational Emergencies Act, Sections 201 and 301National Emergencies Act, Sections 201 and 301Fact SheetOverviewThe National Emergencies Act (NEA) authorizes the president to declare a “national emergency.”1A declaration under NEA triggers emergency authorities contained in other federal statutes. Past NEA declarations have addressed, among other things, the imposition of export controls and limitations on transactions and property from specified nations.2A national emergency was declared in 2001 after the September 11th terrorist attacks and has been renewed every year since then. (Download a printable PDF.)What the Law DoesThe NEA authorizes the president to declare a national emergency, which declaration activates emergency powers contained in other federal statutes.3During the 2009 H1N1 influenza pandemic, the president’s declaration of a national emergency under the NEA, coupled with the HHS secretary’s prior determination of a public health emergency under Section 319 of the Public Health Service Act (PHSA), permitted the activation of Social Security Act (SSA) Section 1135 waiver authorities. (See Figure A for the text of the 2009 H1N1 NEA declaration.)How the Law WorksThe NEA does not provide any specific emergency authority on its own, but relies on emergency authorities provided in other statutes. A national emergency declaration allows for the activation of these other statutory authorities. Emergency statutory provisions are not activated automatically, however; they must be specifically identified in the president’s declaration before these authorities may be given effect.DeclarationNEA Section 201 authorizes the president to declare a national emergency. The proclamation of a national emergency must be immediately transmitted to Congress and published in the Federal Register.1,2Under NEA Section 301, statutory emergency authorities enabled by the national emergency declaration cannot be exercised until the president specifies the provisions of law under which the president or other officials will act. Such specification may be made either in the declaration or in subsequent Executive Orders published in the Federal Register and transmitted to Congress.TerminationA national emergency can be terminated if the president issues a proclamation or if Congress enacts a joint resolution terminating the emergency. A national emergency will terminate automatically upon the anniversary of the proclamation unless the president renews the proclamation by transmitting notice to Congress within a 90-day period prior to the anniversary date and publishing it in the Federal Register.Immunity and Liability IssuesThe national emergency provisions of the NEA do not address liability issues or provide any immunity. The act could be used to activate emergency authorities in other federal statutes that provide immunity during emergency events.How the Law Affects StatesNational emergency declarations under the NEA can impact states through the federal statutory emergency authorities activated once the NEA declaration is made. The most recent example of this effect was the activation of SSA Section 1135 waiver authority during the H1N1 influenza pandemic.FIGURE ADECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE 2009 H1N1 INFLUENZA PANDEMICBY THE PRESIDENT OF THE UNITED STATES OF AMERICAA PROCLAMATIONOctober 24, 2009“NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, including sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.) and consistent with section 1135 of the Social Security Act (SSA), as amended (42 U.S.C. 1320b-5), do hereby find and proclaim that, given that the rapid increase in illness across the Nation may overburden health care resources and that the temporary waiver of certain standard Federal requirements may be warranted in order to enable U.S. health care facilities to implement emergency operations plans, the 2009 H1N1 influenza pandemic in the United States constitutes a national emergency. Accordingly, I hereby declare that the Secretary may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the 2009 H1N1 influenza pandemic. In exercising this authority, the Secretary shall provide certification and advance written notice to the Congress as required by section 1135(d) of the SSA (42 U.S.C. 1320b-5(d)).”4SourcesNational Emergencies Act, Pub. L. No. 94-412. Codified in part at 50 U.S.C. §§ 1621, 1631.Relyea H. Congressional Research Service. National Emergency Powers (98-505). August 30, 2007. Available at www.law.umaryland.edu/marshall/crsreports/crsdocuments/98505_08302007.pdf. Accessed January 31, 2012.Swendiman K and Jones NL. Congressional Research Service. The 2009 Influenza Pandemic: Selected Legal Issues (R40560). October 29, 2009. Available at www.law.umaryland.edu/marshall/crsreports/crsdocuments/R40560B_05212009.pdf. Accessed January 31, 2012.White House, “Declaration of a National Emergency with Respect to the 2009 H1N1 Influenza Pandemic.” October 24, 2009. Available at www.whitehouse.gov/the-press-office/declaration-a-national-emergency-with-respect-2009-h1n1-influenza-pandemic-0. Accessed January 31, 2012.Note: This document was compiled from June–December 2011 and reviewed May 2013; it reflects the laws and programs current then. It reflects only portions of the laws relevant to public health emergencies and is not intended to be exhaustive of all relevant legal authority. This resource is for informational purposes only and is not intended as a substitute for professional legal or other advice. The document was funded by CDC Award No. 1U38HM000454 to the Association of State and Territorial Health Officials; Subcontractor PI Elliott, Logan Circle Policy Group LLC.