Now That Trump Has Declared A National Emergency, Here Is What Happens Next
Now that President Trump has officially declared his plans to declare a national emergency to authorize an additional $7 billion for his promised border wall, political observers will be waiting to see what Democrats and Republicans in Congress do next to try and block the funding. Democrats in both the House and the Senate unanimously oppose the national emergency measure, and what's probably more surprising, a number of Senate Republicans have also expressed concerns with the plan.
So, what - if anything - can be done to stop this executive action by the president?
The New York Times has offered a brief guide to what will likely happen next, considering that several House Democrats (including Alexandria Ocasio-Cortez) have already declared their plans to try and stop the president.
The upshot is that Congressional Democrats have two avenues that they can pursue: One in Congress, and one in the courts.
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Can Congress stop Trump from declaring an emergency? (short answer: maybe so, but they would need the support of enough Senate Republicans to give them a supermajority in both chambers)
No, Congress does not have the power to stop the president from declaring a national emergency. But when lawmakers granted the president emergency powers in the first place, they built a check into the law.
Under the National Emergencies Act, the House and the Senate can take up what is called a joint resolution of termination to end the emergency status if they believe the president is acting irresponsibly or the threat has dissipated. Representative Joaquin Castro, Democrat of Texas and the head of the Congressional Hispanic Caucus, said late Thursday that he was ready to introduce such a resolution if Mr. Trump followed through. With a comfortable majority in the chamber, Democrats will most likely pass it or a similarly worded resolution.
“I will fully support the enactment of a joint resolution to terminate the president’s emergency declaration, in accordance with the process described in the National Emergencies Act, and intend to pursue all other available legal options,” said Representative Jerrold Nadler of New York, the chairman of the Judiciary Committee.
To keep a president’s party from bottling such a measure up, the law says that if one chamber passes such a resolution, the other one must bring it up for a vote within 18 days. Though Democrats are in the minority in the Senate, they would need only a handful of Republicans to join them to pass the resolution there and send it to Mr. Trump’s desk. It is easy to imagine a half-dozen or more Republican senators joining Democrats out of concern for the precedent that Mr. Trump’s declaration will set.
What would Trump do next?
As with any other bill that comes to the president’s desk, Mr. Trump can veto a joint congressional resolution terminating the national emergency, as long as it has not passed with supermajorities in both the House and the Senate.
Congress did not originally intend to give the president this recourse when it enacted the law during the post-Watergate reform era that has governed how and when presidents may invoke emergency-power statutes.
But the Supreme Court struck down what it calls legislative vetoes in 1983, ruling that for a congressional act to take legal effect, it must be presented to the president for signature or veto. Because it takes two-thirds of both chambers to override a veto, the ruling made it substantially harder for Congress to stop a president’s declaration.
https://www.zerohedge.com/news/2019-02-15/now-trump-has-declared-national-emergency-here-what-happens-next