So how can the House of Representatives hope to convince the Supremes of the merits against a wall, if they cannot convince enough members of Congress to override the emergency declaration? I suspect Chief Justice Roberts will suggest they go back and seek Congressional relief.
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I actually couldn't believe he said that.
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and lobbyists.
Congress needs to seriously rewrite the National Emergency Act. They gave away way too much of their authority back in 1976.
the constitutionality of the spending. Yet he will support Orange for political reasons. One of the reasons the Congress didn’t move against Truman’s steel mill seizure.
The Court on the other hand is supposed to look dispassionately at the Constutionality of the act.
Congress created this monstrosity and needs to repeal or amend it.
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This is an honest question. The Executive Branch carries out the will of the Court. Can the Court order Federal Marshalls to stop construction of the wall at gunpoint? That could get dicey.
Admittedly I am not a lawyer. But why does the ACLU, the State of California, Texas ranchers or anyone else have standing to sue in this matter. Seems to me that:
- The President has absolute authority to declare a National Emergency
- The President may or may not have authority to reallocate funds in furtherance of his agenda but it is up to Congress to take legislative action against it if they so choose. The people pursuing lawsuits in this matter have zero authority to sue to stop it.
- Ranchers who don’t want a section of wall built on their property can sue if that comes to pass and they can sue if it comes to the gov seizing their property by eminent domain, but what standing do they have to sue the President for declaring a National Emergency?
I’m getting quite disgusted about the continual battles among Congress, the Executive Branch and the Judicial branch over bullshit stuff. We elect these idiots to govern, not act like children.
of presidential action under statute or the Constitution or it is essentially unreviewable except by the political system.
The reason it can’t just be left to Congress is they often act for reasons other than Constitutionality and the Court has been held to be the final arbitrator of that issue in our system.