re: Trump's Emergency bill goes down in Senate

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Trump is attempting to shift the constitutional balance of power. That's why Republicans voted against the emergency declaration. A President should never have the power to void by executive order a vote by Congress on the exact same issue. Congress just voted on this and Trump asserts that a President has supreme power over Congress.

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Say what?

Who passed the law giving the President authority to declare the emergency?

Research that and get back to me.

The President is exercising the authority the Congress gave to him.

How exactly is Trump shifting power?

Seems like the Congress shifted the power did they not?

If they don't like it, they can take it back.

Congress does it and it's somehow Trump's fault. Priceless.

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Wrong. This is a different kind of issue. Trump is attempting to shift the constitutional balance of power. That's why Republicans voted against the emergency declaration. A President should never have the power to void by executive order a vote by Congress on the exact same issue. Congress just voted on this and Trump asserts that a President has supreme power over Congress.

This vote is not about party loyalty.

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Umm, nope. The Trump admin actually spent the last two weeks trying to build support on the Hill for a bill that would've replaced this one and would've greatly reduced Presidential power to use the NE. That was killed highlighting that today was purely a show vote.

Chizz is just being obtuse

He knows the ED is going to court

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Chizz is just being obtuse

He knows the ED is going to court

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Nope, just being real. You fools can take it to court where you will get slapped down again. And sorry, you don’t get to use the courts to override vetos. You will have to challenge the statute that granted him the authority to declare emergency declarations. Good luck getting the courts to agree to be the arbiters of what defines an emergency.

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Uh, yeah you do go to the courts. They get to decide if it’s legal. That’s kinda their job.

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What part of Congress granted him the authority do you not understand? The courts don’t get to override Trump’s veto of a bill congress passed.

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Yes. Via the NEA, Congress DID grant certain powers to the Executive. No one asserts otherwise. (Whether that grant was either wise or constitutional is a different question.)

But the Courts DO get to decide whether a given Presidential action falls within the statutory grant of authority.

As a VERY clear and simplified HYPOTHETICAL example, say a POTUS declares an emergency. He clearly has the statutory to build some roads, lighting and fencing on or near the border. The POTUS announces that he is going to use the money to build a moat across southern Arizona. People who do NOT want a moat could clearly file suit, asserting that moat construction is NOT within the authority to build roads, lighting and fencing.

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fencing

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Nice let's keep the wall construction going

And for another hypothetical, explain to me how opioid abuse constitutes a national emergency but millions of non citizens, crossing illegally into the United States isn’t? Are opioids a national crisis because of the associated health costs? Are there not associated costs with millions of low skilled illegals overwhelming our healthcare and other public resources? Go ahead and make the argument as to how one is an emergency and the other isn’t. At what point does illegal immigration cross the threshold of an emergency? Is it 20 million, 50 million, 100 million? It is outbreak of diseases that have been virtually non existent in this country for decades but are seeing a resurgence because of unvaccinated individuals illegally crossing into this country? Go ahead, define emergency

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And for another hypothetical, explain to me how opioid abuse constitutes a national emergency but millions of non citizens, crossing illegally into the United States isn’t?

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I never said that opioids are an "emergency." To the contrary, I have said dozens of times that at least 90% of the Emergency Declarations under the NEA wer not justified as being actual "emergencies." Use of the NEA was simply "expedient."

Trump's recent Declaration is just another example in that column. The difference is that there was no real opposition to most of the earlier Declarations. THIS ONE has opposition, so the over-breadth of the NEA (an awful piece of legislation) will FINALLY be addressed by the federal courts.

Is border security an important issue? Of course. Hell, we just had a government shutdown over it. The fact that something is "important" does not mean that it is an "emergency."


EDIT: Did the moat hypo help you grasp the REASON that the federal courts have a role to play here?

Confusing thread title. It’s my understanding that the Emergency Declaration is already in place and that Congress can put forward a resolution to stop it; this resolution could be vetoed as with any bill and then could be overridden by a 2/3rds vote.

So are you saying that the vote against Trump’s declaration failed in the Senate, or that it passed which in turn halts Trump’ declaration?



ETA- Answered below.

Thank you.