Very interesting if true.And it comes from one who’s surely no friend of the President.
Yep. He’s against the wall and Trump. Here’s the finish to the article:
Congress has the authority to rescind the national emergency declaration of Trump with a vote of both chambers. The legislative branch should do so. If Congress cannot muster the votes, however, a federal judge is unlikely to do so. Simply put, the courts were not created to protect Congress from itself. Congress has been heading to hell for decades, and it is a bit late to complain about the destination.
“Very interesting if true.And it comes from one who’s surely no friend of the President.”
Not only has Congress delegated its power to the Executive branch and its agencies, yes, Turley makes a good case based on examples related to the emergency powers law itself. WWhat it also interesting is what Turley doesn’t discuss - how Congress yielded its power to the Courts as well. The Burwell case mentioned by Turley gave one House (run by GOP no less) standing to sue the Executive. Think about the ramifications of that alone. Both Houses combined have the power of the purse and impeachment where the President commits high crimes and misdemeanors. Instead only one House is needed to go to Court to try to force the Executive to do its job, and the Court gladly took power it does not have.
Looking at this in the light most favorable to the demokraps, there is a “political disagreement” on whether there is an emergency at the Mexican-US border. So now that one House of the Congress can have standing to sue, the Court cannot take it under the doctrine that a Court may not issue political opinions.