Home Forums Hunting & Shooting Hunter's Campfire Why Doesn't Trump Just Order The Military To Build The Wall?

The military doesn't wait for some damn judge when they get an order, they just go. The 9th Circus is lib central with a bunch of civilian officials that are more than happy to comply and probably wouldn't have obeyed Trump's executive order in the first place. You order the military to do something like that and it's "yes sir,". Maddog don't answer to a judge...

Exactly.

Odd. The training that I went through when I was in the army made it very plain that I was to disobey any illegal orders.

What training was it that you took in the military, TRH, that leads you think that these would be lawful orders?

Where in the US Constitution does it say that, during a time of invasion, the Commander In Chief's orders to his subordinates in the military chain of command are first to be channeled through the courts in hope of their prior approval?

That's not an illegal order.

Since 1907 the government has owned a 60-ft wide strip along the entire US-Mexican border. It's called the Roosevelt Easement. The Roosevelt Easement ceded the federal government a 60-foot wide easement along of the border with Mexico. This is from a GAO report: "The land where this fencing was built has been publicly owned since 1907 when President Theodore Roosevelt reserved a 60-foot strip along the international boundary with Mexico for the United States to maintain the area free from obstructions as a protection against the smuggling of goods between the United States and Mexico." In effect, the Roosevelt easement provided the federal government with a 60-foot border right-of-way on which it can build the fence.

Thus the federal government has the power to construct a fence along the border to protect the United States. In fact, in 2008 DHS Secretary Chertoff issued a waiver "to bypass environmental reviews to speed construction of fencing along the Mexican border."

The government has already built at least two versions of a border wall on the Tahona O'dham reservation. The reservations were granted to the tribes by the federal government. As far as I can determine, with the exception of the protections and privileges enshrined in our constitution, there is not anything that the federal government giveth that it can't take away.

FWIW, if you haven't already picked up on it, I think the idea of a wall such as the President is proposing is a waste of money, time and manpower. A quote in an article in the Albuquerque Journal over the weekend noted that "the wall will stop everything but people." I don't think that we need to spend $40 billion just to confirm this.

Yeah, no kidding!

That [bleep] Wall makes guys go full-retard.

Wow

Mudhen,

There may perhaps be a 60 foot easement, but how you going to get to that 60 foot easement?

Ponder that, building a wall with no legal easement across private or reservation land, that wall isn't going to happen...

Ever heard or NEPA? Yeah, that wont be a picnic either.

Jeff, stopping the flood of invaders is no small matter. It's a matter of survival. Those who seek our nation's destruction are pulling out all the dirty tricks in the book to prevent it from happening. Any justification, therefore, under which it may legally be accomplished is worth pursuing.

It's called in the law an "easement by necessity." If the only access I have to my drain line is across my next door neighbor's property, I'm permitted to enter on that land for the purpose of maintaining said drain line when required. Same principle should apply here.

Buzz, they have already done it. 25 miles of the southern boundary of the ranch that I used to manage, all private land, abuts the Mexican border. When the last round of border fence building was authorized, the ranch consulted with about all the high-powered legal eagles that they could find. They were told flatly that they could spend a hell of a lot of money, but that the government would prevail through condemnation. However, they were able to negotiate access routes with the feds that minimized adverse impacts on the landscape.

In New Mexico, Arizona and California, enough of the border on the US side is public land that the feds can simply build a highway along the border to provide access to the easement and construct the fence. That is exactly what they have done in several places in Arizona and New Mexico. In Texas, they did have to resort to condemnation in the lower Rio Grande Valley, as some of the fencing was built as far as a mile and a half from the Rio Grande.

NEPA and the ESA don't apply on the border. In fact, the original 25-mile wide corridor that was exempted was later expanded to 100 miles.

Sweet. Those people who's family's have lived there for 200 years can take their $50 per acre and buy a really nice apartment in Chicago. BTDT.

To the OP:
Who pays for the thing?

Why doesn't Trump have Mexico pay for the wall?

That was his first and foremost promise!

He didn't know that he couldn't fire Congress and the Courts, until after the election.

He will but that will take time. He's talked about several ways of raising the money and I've no doubt he'll do it. The initial money is a form of down payment and should be reimbursed over time.

'Easements' are the last fuucking thing the Feds are worried about.

Would it be legal for the military to build the wall; aren't domestic operations by the military illegal (except for the National Guard, in certain situations).

Gotta admit I found this funny as hell!