Could Congress Block Trump’s Emergency Declaration?

FiveThirtyEight ^ | February 18, 2019 | Perry Bacon Jr. and Nate Silver

[2ndDivisionVet]

President Trump has declared a national emergency in order to pay for physical barriers along the U.S.-Mexico border, but will Congress block it? That’s a long shot — but we can’t rule it out either.

Here’s the basic process, as the New York Times explained in an article after Trump’s declaration. Congress can take up a resolution to end a presidential national emergency declaration. If such a resolution passes in one chamber, the other must bring it up for a vote within 18 days. If the resolution passes both chambers and the president vetoes it, a two-thirds majority in Congress can override that veto.

In the House, Democrats say they are strongly considering a resolution to override Trump’s emergency declaration. If they take it up for a vote, the resolution is almost certain to pass — Democrats have a 235-197 majority in the House.

That would move the legislation to the Senate, where Republican Leader Mitch McConnell — although initially wary of Trump declaring a national emergency — has now expressed his support for the move. But there does not appear to be a way for him to avoid a Senate vote on this measure. And such a vote will force Senate Republicans, many of whom have said they are wary of presidents overextending their power at the expense of Congress, to choose between that principle of limiting executive power and backing a president with strong support among party activists on one of his signature initiatives, the border wall.

[morphing libertarian]

The process is congress passes a joint resolution. In the government code which i posted THAT is the only process.

Why don’t you describe why the court has authority in this or why a state can block a national emergency declaration. Then it will be”unmixed”

[SMARTY]

“Could Congress Block Trump’s Emergency Declaration?”

HA! Not without a Rabi and a live chicken! :)

[Lurking Libertarian]

The USSC has ruled before during Truman and FDR administrations. On eon internment ofJapanese. But I don’t know if a president has said, the court has no standing. The check and balance is the congress. You can’t respond emergencies if 1 judge or panel can overrule you. That’s why the CIC has the power.

SCOTUS upheld FDR's emergency orders during WWII (Japanese internment) but overturned Truman's during the Korean War (taking temporary control of the steel mills).

[Truthoverpower]

Very excellent analysis sir

[catnipman]

“But there does not appear to be a way for him to avoid a Senate vote on this measure.”

total nate silver hogwash ... Mitch can do whatever he wants and the last thing he’s going to want to do is put the Senate on record pro-Trump/con-Trump and then have the whole thing vetoed by his President ... any resolution (not “legislation”, nate) will be DOA in the Senate ...

[cableguymn]

But Obama is black and a Democrat it makes all the difference.

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Fixed it for you.

[cableguymn]

And the most likely..

[patriotspride]

Let’s see them try.

Bush League Republicans will expose themselves as the enemies of America that some of us recognize them to be.

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Agree.
Drug trafficking. To me that’s the big elephant in the room. More than likely some senators both sides are wetting their beaks on this and thats why no wall

[listenhillary]

I was sharing Schweikart’s message all weekend on Facebook.

Thanks for posting it and the post before. I think we’re going to be hearing howls of rage from the left.

[Lean-Right]

“Enviorwhacko groups will bring a bunch of suits”

Trump has already won this battle, in
the 9th circuit.

[ldish]

Have they ever?

They better NEVER!

[ldish]

He is not black...he is muslim, white, african? right...I guess with no publish history...that’s all lock up for some reason...so proud of it...no one know for sure huh...except his dady...huh...no one knows for sure on that too...well then that’s one strike for the “he might be black mark then...soros would know and maybe the king of saudi arabia and the CIA, they could add some insight?????

big puzzle to the history of our “GREATEST prezident everin the histori of da us ina”

[Jacquerie]

Yeah, I’ve about had it with voting for Reps and Senators. The Magic Negro did what he wanted without the slightest pushback from pubbies.

Here’s my GOP Senator Rubio:

“We have a crisis at our southern border, but no crisis justifies violating the Constitution. Today’s national emergency is border security. But a future president may use this exact same tactic to impose the Green New Deal.”

As long as we understand the first, second, and last purpose of every congressman and senator is reelection, can it all make sense. But I don’t have to go along.