How has that worked for declaring war? The constitution gives the power to declare war solely to Congress.
Congress has been delegating that responsibility to the president through Authorizations for Use of Military Force.
In effect this means that the president may go to war with Nation X if he wants to.
The Vietnam War was challenged on that grounds. SCOTUS refused to intervene because it considers that a “political question” between congress and the president.
The National Emergency Act says the president determines whether an Emergency exists. Not Congress but the president.
This is not a constitutional question. The constitution does not say ‘only congress can determine an emergency’.
It may be an unwise law or even a stupid law, but that does not make it unconstitutional.
Which portion of the constitution does it violate?
a) Do you understand why the 9th Circuit Court gets this first? Because the first lawsuit came from California, which is in the 9th Circuit.
b) The questions the 9th Circuit will be addressing are is Trump within his rights to reallocate the funds he’s decided to reallocate to the wall? Again…the NEA goves the President the power to enable certain laws and statutes. It DOES NOT give him the right to change what the statute directs.
So if a statute says in an emergency Trump may reallocate military construction funds but it ALSO says those funds can only be re-allocated to other projects that support the military, Trump is going to have to justify re-allocating them to the wall by explaining how the wall supports the military. And I’m pretty aure he’s going to have to come up with something less nebulous than “Well, if Mexico ever decides to invade the US militarily”.
People use the courts to get redress when laws are followed improperly or are unconstitutional and it impacts them negatively. That’s what is happening here.
You REALLY need to take a civics refresher. Seriously.
It violates Article I, as being so broadly written as to delegate to the President the power to make laws. There is clearly grounds for the courts to narrow the law by striking down sections of it or to overturn the entire law.
I don’t agree. Congress made the law. It designates the president as the one who decides when an emergency exists. It is not vague at all. Congress may undo an emergency declaration by either a joint resolution or a veto proof majority.
The problem is the liberals do not like this emergency for ideological reasons. Popularity is not a constitutional issue.