How could a declaration of national emergency be challenged?

Only one way and thats Orange Man Bad and we all know it

Since there are STILL about 30 Declarations active as we speak, this "challenge" is dead in the water.


The POTUS absolutely has the authority to do this.

Trumpkins are very commie like in regard to private property

He can declare one, but he can't allocate funds for it. Congress has to do that.

irrelevant

they dont need reason, cause or justification. All they want is an injunction, it's their version of a political BDS movement. They'll refer to some obscure, non-applicable law, rush it down to the nutty 9th, and get an injunction

it's just a stall. EVERYTHING is a stall for them, for all they can hope for is a delay till 2020. They dont care about a wall, or a barrier. They dont give 2 fricking shits about illegals, immigration or detention centers. They will oppose purely for the sake of opposing.

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Even if it can't, they'll find an activist judge somewhere who thinks they can and tie this thing up all the way until the Supremes weigh in. Which could very well be after the 2020 election.

Their plan isn't to win. It's to delay delay delay.

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It is a great time for the SCOTUS to end activist judges

You need to re-read 284 baw.

Your question is really 2 questions/issues. The statute (NEA) doesn't really define the emergency. Rather, when the President declares a national emergency, powers or authorities made available by the statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes that he, or other officers will act. I suppose that would be some provision related to the mandate of DHS. The 2nd issue is more of a separation of powers question relating to the appropriation process.

Damn Mark, is that you?

All the statute says is the President must periodically transmit to Congress “a report on the total expenditures incurred by the United States Government ... which are directly attributable to the exercise of powers and authorities conferred by such declaration.” The statute applies to “declared national emergency statutes” (i.e., those statutes in other areas of the US Code) as well other situations. There’s an opinion from DOJ OLC citing a case that otherwise it would violate the basic principle that “[a] statute should be construed so that effect is given to all its provisions, so that no part will be inoperative or superfluous, void or insignificant.”

It’s important to point out that the above ties into the ability to reprogram funds from the CoE as provided in the Army Civil Works law: In the event of a declaration by the President of a national emergency in accordance with the National Emergencies Act [50 U.S.C. 1601 et seq.] that requires or may require use of the Armed Forces, the Secretary (of the Army), without regard to any other provision of law, may (1) terminate or defer the construction, operation, maintenance, or repair of any Department of the Army civil works project that he deems not essential to the national defense, and (2) apply the resources of the Department of the Army’s civil works program, including funds, personnel, and equipment, to construct or assist in the construction, operation, maintenance, and repair of authorized civil works, military construction, and civil defense projects that are essential to the national defense.