[tarheelswamprat]

I’m curious. Is a “resolution” an actual binding law? I always thought it was merely an expression of opinion, e.g. a “sense of the Senate” statement. If so, why is no one pointing out this distinction?

[Moonman62]

Joint Resolution: Designated “S. J. Res.” and numbered consecutively upon introduction, with one exception it requires the approval of both chambers and is submitted (just as a bill) to the president for possible signature into law. The one exception is that joint resolutions are used to propose constitutional amendments. These resolutions require a two-thirds affirmative vote in each house but are not submitted to the president; they become effective when ratified by three-quarters of the States.

https://www.senate.gov/legislative/bills.htm

[jazusamo]

As I understand it this resolution is to nullify President Trump’s emergency declaration but requires his signature to be valid, otherwise they would have to override it with a 2/3 vote in both houses.

So I guess technically it’s not a law but would cancel a power that Congress gave to the presidency by a law passed in 1976 for this one declaration.

[kabar]

National Emergencies Act

Procedure for new emergencies and rescinding emergency declarations

The Act authorized the President to activate emergency provisions of law via an emergency declaration on the conditions that the President specifies the provisions so activated and notifies Congress. An activation would expire if the President expressly terminated the emergency, or did not renew the emergency annually, or if each house of Congress passed a resolution terminating the emergency. <>After presidents objected to this "Congressional termination" provision on separation of powers grounds, and the Supreme Court in INS v. Chadha (1983) held such provisions to be an unconstitutional legislative veto, it was replaced in 1985 with termination by an enacted joint resolution.

A joint resolution passed by both chambers requires presidential signature, giving the president veto power over the termination (requiring a two-thirds majority in both houses in the case of a contested termination). The Act also requires the President and executive agencies to maintain records of all orders and regulations that proceed from use of emergency authority, and to regularly report the cost incurred to Congress.