Posted on 05/23/2019 6:07:57 PM PDT by NRx
A U.S. judge on Thursday sharply challenged a House lawsuit to block construction of President Trump’s border wall after a senior Justice Department attorney said Congress cannot sue to enforce its constitutional power of the purse and that courts should stay out of political disputes between branches of government.
The Democratic-led House filed suit in Washington on April 5 to prevent work after Speaker Nancy Pelosi (D-Calif.) accused the administration of “stealing from appropriated funds” by seeking to transfer $6.7 billion more for the effort than the $1.375 billion Congress approved, a shift of money from other projects lawmakers authorized.
Trump declared a national emergency in February to redirect mostly military-designated funding for the wall along the U.S.-Mexico border after losing a grueling two-month fight over fully paying for it that prompted a government shutdown.
But over nearly three hours of arguments, U.S. District Judge Trevor N. McFadden of the District said there were few cases to guide how courts should rule on a major test of the constitutional separation of powers, and pressed House general counsel Douglas Letter to point to historical precedent allowing one chamber of Congress to sue the president to settle political differences.
Whether the House has legal standing to sue is “problematic” and a “significant issue in this case,” said McFadden, citing the bedrock legal requirement that a party prove it is being harmed and show that only a court can address it. “Courts are not there to adjudicate just interesting constitutional or political questions between the branches,” he added later.
(Excerpt) Read more at washingtonpost.com ...
is there a usa-mexico border fence construction mileage page yet?
There are a few sane judges in d.c.. glad one had the balls to ask the right questions of the dems probably illegal or unconstitutional action.
Judge of the United States District Court for the District of Columbia
Incumbent
Assumed office
October 31, 2017
Appointed by Donald Trump
Preceded by Richard J. Leon
Bump!
a frivolous charge should be cause for monetary compensation from Pelosi.
Good.
A sane judge who rules based on the law.
She can afford it.
Paul Ryan is a filthy, backstabbing scumbag.
“Judge of the United States District Court for the District of Columbia
Incumbent
Assumed office
October 31, 2017
Appointed by Donald Trump”
Wow. I’m surprised Pelousy et al. weren’t able to shop this to a leftist, activist judge. The Dims are really slipping. (Of course, with more Trump appointees on the courts now, I suppose it isn’t as easy for the Dims to forum shop as they used to.)
Can’t be the U. S. can it?
Of course W., D.C. is debatable on that question...
Well, almost...
“Paul Ryan is a filthy, backstabbing scumbag.”
Yes he was and I am glad the SOB is gone.
Two miles and only 15 feet high, but Trump says 500 miles by the end of next year.
He is no more gone than Newt. Just free to make more money because he still has influence.
Hey Nancy,
Maybe you ought to just go ahead and impeach the US Constitution
Isn’t that your end game anyway???
Pelosi is nothing more than a dried up old spiteful bitch these days.
There was a time when I had a small measure of respect for her even though I loathed her ideology. Now I just see her as something nasty I need to scrape off the bottom of my shoe.
In the current case, there is no action by Congress. Since the House acting alone cannot change the law, the House lacks the standing to appear in court and speak as if it has the authority of the entire Congress for its position. Therefore, the President may legally reallocate funds and build the wall -- and Nancy Pelosi and the House Democrats leave with nothing.
For all the talk of the controversy as being between the President and Congress, it is really only between the House and the President, with the GOP controlled Senate on the President's side.
In the current case, there is no action by Congress. Since the House acting alone cannot change the law, the House lacks the standing to appear in court and speak as if it has the authority of the entire Congress for its position. Therefore, the President may legally reallocate funds and build the wall -- and Nancy Pelosi and the House Democrats leave with nothing.
For all the talk of the controversy as being between the President and Congress, it is really only between the House and the President, with the GOP controlled Senate on the President's side.
Excellent summation.
Perhaps House lawyers who yammer BS should be beaten with baseball bats till they shut their lying yaps.
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