I suspect the strategy is, following a Prez veto, to tell SCOTUS that THIS emerg declaration is NOT the will of Congress - i.e.: the Congress - in congress - scheming to defeat Trump in securing the border... Deep State.
It certainly seems to weaken DJT's Constitutional position in the final court outcome.
Not at all. Even Dems admit to the Commander In Chief full authority to declare National Emergency.
Further, the money used is from the WILL of Congress for these construction purposes. Congress already signed over this money to Military construction.
Only for a DS judge.
The law allowing Presidential EOs sets the bar for Congress to refuse the EO, ,i.e., a 2/3 margin. This threshold was set by Congress itself.
Congress cannot get a Court to declare something “UnConstitutional” just because Congress fell short of the votes for its OWN *self-imposed* remedy.
It certainly seems to weaken DJT’s Constitutional position in the final court outcome.
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I actually heard the whole statement made by the turtle. He said that he expected the President to veto it, but that he did not think there were enough votes to over ride the veto.
Thus, Congressional requirements are met. Their “will” is not enough to over ride the President. End of story for the legislature. That’s the way the constitution goes.
So the strategy is a failure, as far as I can see. The real concern is Roberts-will someone be twisting his arm like for the ACA?? TBD
But since Congress voted on authorizing the President to issue National Emergency declarations, and no mention I ever saw that part of that allows Congress to vet each declaration, I don’t see any issue here. As long as Just.Roberts votes the right way.
I don’t see how it weakens Trump’s Position. He has the Authority under the Emergency act.
Then there are official statements by Both Party’s Leaders both in Congress and outside it where they admit it is a problem. Going back Decades...they have failed to deal with it causing it to get worse and put American Lives at risk. Specificly Hillary, Bill Clinton’s SOTU speeches, B.O. Speeches, Chuckles the Clown Schumer’s House and Senate Speeches.
They failed to deal with it.