9th Circuit does not have standing to block declaration of a National Emergency. This is not an EO. This is settled law passed by Congress and enforced for decades.
They would have to declare the "National Emergencies Act" unconstitutional. Impossible. https://t.co/4pp9UinYin— Bill Mitchell (@mitchellvii) January 26, 2019
Even the MSM knows that :^)
Trump can declare a national emergency to build his wall — and that should scare us
Congress has given the president far too much power to declare emergencies.
Denied, at least for now, congressional approval for his promised border wall, President Trump has asserted he has “the absolute right” to declare a national emergency, threatening to build the wall by executive fiat. And while the courts will need to sort out whether he can use these powers to work around Congress’s power of the purse, Trump is right that he has immense authority to do just this sort of thing — and Congress is to blame.
The Supreme Court is also partially responsible for neutering the National Emergencies Act. In a 1983 case, the court ruled that a congressional resolution could not override an emergency declaration without the president’s signature. The need to overcome an inevitable veto forces Congress to muster a two-thirds vote in both houses should it ever try to claw its power back under the terms of the National Emergencies Act
The Supreme Court is also partially responsible for neutering the National Emergencies Act. In a 1983 case, the court ruled that a congressional resolution could not override an emergency declaration without the president’s signature. The need to overcome an inevitable veto forces Congress to muster a two-thirds vote in both houses should it ever try to claw its power back under the terms of the National Emergencies Act
ass an example:
Pres. Trump issued Executive Order 13851 under authority of the National Emergencies Act