toomuchtime_
Gold Member
- Dec 29, 2008
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No, they can't.A veto proof majority in both houses could overturn the National Emergencies Act and an impeachment and conviction of the President and the VP could also end the the national emergency, but neither of these is going to happen and there are no other ways to stop it.There is no Constitutional issue. Congress passed the National Emergencies Act in 1976 which give the president the power to declare a national emergency whenever he likes and detailing 123 emergency powers he can exercise without approval by Congress and amended the Act in 1985, so that Congress could not rescind a national emergency without the agreement of the president. The law only imposes certain procedural requirements on the president and as long as he follow them and stays within the emergency powers detailed in the Act, neither Congress nor the Courts has any jurisdiction over what he does.--------------------------------------------- in your OPINION BBee .
In reality. Whether a President can override the Constitution by calling a national emergency is the issue. It does clash with the Constitution which grants the power of the purse to Congress.
A veto proof joint resolution in congress would override it.
Furthermore, the Constitution doesn't actually define what constitute High Crimes and Misdemeanors either. Some in Congress might just say that declaring an emergency where no emergency actually exists in order to pursue a purely political agenda is an abuse of power.
They can end a specific declared national emergency.
Let him declare one to build his wall and see how public opinion goes. Then we'll see how long the GOP stays Trumpublicans. They turned on Nixon too......
The Act authorized the President to activate emergency provisions of law via an emergency declaration on the conditions that the President specifies the provisions so activated and notifies Congress. An activation would expire if the President expressly terminated the emergency, or did not renew the emergency annually, or if each house of Congress passed a resolution terminating the emergency. After presidents objected to this "Congressional termination" provision on separation of powersgrounds, it was replaced in 1985 with termination by an enacted joint resolution. This means that for Congress to rescind a declared emergency, not only must they pass the joint resolution, but the President must sign the legislation. The Act also requires the President and executive agencies to maintain records of all orders and regulations that proceed from use of emergency authority, and to regularly report the cost incurred to Congress.
National Emergencies Act - Wikipedia