Senate can’t veto Emergency Declaration but which R’s will oppose?

you don't need a veto override, I believe simple majority would suffice, so only 3 defectors.

quote:

---

I’m counting 9 possible defectors so for in the Senate (62) about 5 short of a veto override

Collins
Murkowski
Tilis
Paul
Rubio
Romney
Sasse
Cornyn
Lee

---

Publicly stating that you don't agree with the President is a long road from voting to overturn. One can virtue signal with little blowback but going on record with a vote is totally different.

quote:

---

Actually, the number is 67,

---

THanks - saved me the time to look it up

edit - actually reread the OP - that is what the OP says as well.

quote:

---

I’m counting 9 possible defectors so for in the Senate (62) about 5 short of a veto override

---

I think this math is off. There’s no way the GOP will override Trump on this. A few moderates might to signal but definitely not enough.

ABC news said last night it was unlikely the House had the votes to override, would need 55 House Republicans if every Democrat toed the party line.

Hold up. I need to go ahead and read this statute. How does the Senate have a “veto” over an executive order?

I think the only thing the Senate could do vis a vis any EO is to pass a resolution that says “Orange Man Bad”, impeach for high crimes and misdemeanors, or repeal the NEA. (Don’t think repealing the NEA would do any good bc so long as POTUS has evidence that an emergency exists (which he does these people opposing it just disagree with his conclusion) the EO was issued in accordance with existing law and he can build the fricking wall with the funds he finds that he has discretion over).

Beyond that the Executive has veto power. Not the legislature.

It boggles my mind that the legislature would voluntarily cede its legislative powers to the execuitive (bc that’s how we got the beauracracy) and the judiciary (bc that’s how we got the right to choose) and these retards are so fricking ignorant of how our government is designed - that they now want to take the executive authority over the executive because they don’t like the way he’s using the legislative authority they gave him!

I think Trump has the statutory authority to grant the EO pursuant to the NEA. The legislature is just finally noticing out why passing along its legislative authority is stupid (bc it allows a POTUS to weild legislative authority). It’s a damn shame they didn’t recognize that when they I dunno allowed the IRS or EPA to write the laws it’s enforcIng. But the true idiocy is that that morons whose job it is to make our laws equate behavior they decree as meanie pants with unconstitutional.

The damn NEA may be dumb and Ill Advised but Congress wrote it, and it’s no more unconstitutional than any other law that gives the executive branch rule making authority.

quote:

---

Can Mitch block it from going to the floor for a vote? If he can will he?

---

No. The NEA says that the Senate MUST consider it within 18 days, if passed by the House

quote:

---

Hold up. I need to go ahead and read this statute. How does the Senate have a “veto” over an executive order?

---

The NEA has specific provisions for Congressional override of an Executive declaration under the Act.

quote:

---

The damn NEA may be dumb and Ill Advised but Congress wrote it, and it’s no more unconstitutional than any other law that gives the executive branch rule making authority.

---

POTUS actually had MORE of this sort of power before passage of the NEA. The Act was actually intended to curtail presidential power. In my view, however, it’s simply did not go far enough. 90% of the declaration under the Act have been something less than short-term“emergencies,” and there was no need to bypass the legislative process.

quote:

---

Apparently there is precedent for this. I think Bush had an emergency declaration rescinded by Congress.

---

Looks like Bush rescinded it on his own. LINK

quote:

---

My God.

The NEA just basically rewrote the separation of powers doctrine entirely.

What a massively stupid piece of legislation

---

Agreed, but see my prior post.

I have posted twice about more-reasonable limits on presidential authority under the NEA (e.g. time and subject matter restrictions) to limit application to ACTUAL short-term emergencies in which there is not TIME for the normal legislative process, and I have been soundly downvoted on both threads ... despite the fact that the same posts would have been upvoted three years ago.

People are tribal.