since9
Campaign Veteran
Mitch McConnell just announced that the Senate has enough votes to overturn the President's national emergency declaration (Source).
Please correct me if I'm wrong, but that's not how I understood the President's authority to declare a national emergency worked.
Specifically, a presidential Declaration of Emergency and initial subsequent actions do not require congressional approval. This action isn't subject to checks and balances because the declaration itself is a check and balance on Congressional inaction, in addition to power and authority given by Congress via federal law long ago commensurate with our Constitution, to act quickly and decisively in times when Congress is known for gridlock, if not a train wreck.
In fact, because the authority to make such a declaration is federal law, which required a bill passed by Congress and signed by the President, it cannot be negated by Congress without passing a repeal bill, also requiring the President's signature. Thus, any such Congressional "disapproval" would also require the President's approval. Otherwise, it's meaningless.
I may be wrong on this particular issue, but in general I think all members of Congress, not to mention the media, need a refresher course in both Constitutional and Federal law. In recent weeks (years for the Democrats), they are all getting it wrong. Very wrong. They're acting like a crooked cop who says, "I am the law." No, you're not. Everyone in Congress must adhere to the law, and if you don't, you'll be removed via vote, and possibly by force if enough citizens feel like they're no longer being lawfully represented.
Please correct me if I'm wrong, but that's not how I understood the President's authority to declare a national emergency worked.
Specifically, a presidential Declaration of Emergency and initial subsequent actions do not require congressional approval. This action isn't subject to checks and balances because the declaration itself is a check and balance on Congressional inaction, in addition to power and authority given by Congress via federal law long ago commensurate with our Constitution, to act quickly and decisively in times when Congress is known for gridlock, if not a train wreck.
In fact, because the authority to make such a declaration is federal law, which required a bill passed by Congress and signed by the President, it cannot be negated by Congress without passing a repeal bill, also requiring the President's signature. Thus, any such Congressional "disapproval" would also require the President's approval. Otherwise, it's meaningless.
I may be wrong on this particular issue, but in general I think all members of Congress, not to mention the media, need a refresher course in both Constitutional and Federal law. In recent weeks (years for the Democrats), they are all getting it wrong. Very wrong. They're acting like a crooked cop who says, "I am the law." No, you're not. Everyone in Congress must adhere to the law, and if you don't, you'll be removed via vote, and possibly by force if enough citizens feel like they're no longer being lawfully represented.