Scott’s post has the right of it, it wasn’t originally designed this way, but ended up there, where essentially what has to happen is congress passing a bill to undo the “emergency”.
I have a general question for the lawyers on the forum, a pity we don’t have any Con Law professors.
Congress has delegated a lot of authority given to it under the constitution to the president. The ability of the president to spend money not authorized by Congress under the National Emergency act. The ability to raise or lower tariffs due to National Defense needs, and the ability to negotiate trade deals, under FAST track rules. The constitution clearly gave all of these authorities exclusively to Congress. If Congress wants to take them back, how does the President get a chance to veto these bills?
I dunno if a presidential veto can be challenged in court, but if so, you could make the argument that vetoing a repeal is equivalent to an unconstitutional seizure of power. You’d have to get to that point first, though…get the repeal bill through Congress, get it vetoed, then do the challenge.
If you want to approach this as a constitutional question, I think you’d have a much easier time proving that the original law was unconstitutional, not worrying about the repeal. And since that hasn’t happened yet, it seems unlikely to happen.
What really makes sense in this situation is for Congress to get their act together and amend the emergency powers laws to clarify what constitutes an emergency. And of course, do it with a veto-proof majority. Not holding my breath for that one to happen.
16-state lawsuit against the declaration of a national emergency:
If the president vetoed a joint resulting of Congress steering to limit his power, you would think the Congress would override it on principle, but of course no.
Why isn’t Washington on there?
Out all day celebrating his birthday today.
Seriously though, why isn’t Washington part of the filing? The AG, Bob Ferguson, has filed suits against Trump initiatives at every chance.
Washington also didn’t join a 15-state coalition that sued the Trump administration over DACA in the fall of 2017. (California didn’t either, and filed its own suit separately in that matter; maybe that’s what Washington is doing. Dunno. Ask them.)
I’m sure there’s an 800 number around here somewhere…
I find it interesting that Massachusetts isn’t on the list. They have a Republican governor, but he’s the closest thing to a real RINO you’ll ever find.
I’ve heard on the local NPR station that the Washington State Attorney Bob Ferguson is waiting to see if Trump reappropriates federal funds that were assigned to Washington State to build the wall before suing to make sure that we have proper standing.
Of course, climate change is the greatest emergency since World War II if not ever, but if a Democratic president attempted to declare a state of emergency to deal with it, the outcry would be so deafening that said Democratic president would never try it in the first place.
But a wall to curb immigration numbers that were already falling, originally dreamed up as a mnemonic device so Trump would remember to stay on-point during his rallies?
Such are the psychotic times we live in.
Yeah well apparently outcry doesn’t do anything unless the opposition holds 2/3 of the Senate. I hope Democrats can learn from this.
Make the wall out of captured-carbon bricks.
even if we have that much graphene, it may push the cost per mile up a bit …
Don’t worry. Mexico is paying for it.
House is voting on its resolution to block Trump from using an NEA declaration for his wall today (Friday).
Then things get interesting.
And there it is. Likely going to be voted on with party lines, thought I could see someone like Hurd defecting to vote Aye.