Napolitano from FNC is already saying some judge will stop it.
Not if he has executive authority to move discretionary funding around.
And not if Carter is still getting funding for a national emergency he declared.
Andrew Napolitano is an expert on Traffic Court and little else. He and his boyfriend Shepard Smith are ranting and raving that Trump has been stymied by the language in this bill, but they are wrong.
He will declare National Emergency, the courts will not stop it and he can spend money that he controls, he can exercise imminent domain, and he can turn the land into a military reservation that will ensure that local government can’t interfere.
The judge...(can’t stand him) gives up before the fight begins!! Never count Trump down nor out!
No judge should accept a lawsuit at the beginning, but who knows.
If it comes before a judge, before the process has been exhausted, the judge should kick it because it’s not ripe.
Once there is an Emergency Declared, in order for Congress to end it, a legislative process kicks in.
The proclamation is transmitted to congress and published in the Federal Register.
Congress can terminate the proclamation by concurrent resolution.
The concurrent resolution process then takes on a life of its own.
If there is a concurrent resolution, it gets sent to the President for his signature or veto.
If veto, 2/3rds of Congress needed to override.
The president doesn’t need to fight 2/3rds, he only needs to concentrate on the number needed in each house to sustain the veto.
Decent explanation here:
https://heavy.com/news/2019/01/can-congress-block-national-emergency/