Dragonlady
Designing Woman
I see nothing about Congress here, except that the declaration be transmitted to Congress. What happens then depends on what statute the President is citing to use.The President can both Constitutionally and legally declare a National Emergency, and the courts can't stop him from building the Wall. ...
Uh, yeah, actually, they can. Checks and Balances... they probably should have taught you that at some point.
The National Emergency remedy is a Joint Resolution of Congress. Since the remedy exists, the courts have no basis to stop the emergency declaration, i.e. it is LAWFUL.
Where did you get a Joint Resolution of Congress? I am not criticizing--I am asking because I would really like to know how this happens.
National Emergencies Act, Sections 201 and 301
Fact Sheet
Overview
The National Emergencies Act (NEA) authorizes the president to declare a “national emergency.”1 A declaration under NEA triggers emergency authorities contained in other federal statutes. Past NEA declarations have addressed, among other things, the imposition of export controls and limitations on transactions and property from specified nations.2 A national emergency was declared in 2001 after the September 11th terrorist attacks and has been renewed every year since then. (Download a printable PDF.)
What the Law Does
The NEA authorizes the president to declare a national emergency, which declaration activates emergency powers contained in other federal statutes.3During the 2009 H1N1 influenza pandemic, the president’s declaration of a national emergency under the NEA, coupled with the HHS secretary’s prior determination of a public health emergency under Section 319 of the Public Health Service Act (PHSA), permitted the activation of Social Security Act (SSA) Section 1135 waiver authorities. (See Figure A for the text of the 2009 H1N1 NEA declaration.)
How the Law Works
The NEA does not provide any specific emergency authority on its own, but relies on emergency authorities provided in other statutes. A national emergency declaration allows for the activation of these other statutory authorities. Emergency statutory provisions are not activated automatically, however; they must be specifically identified in the president’s declaration before these authorities may be given effect.
Declaration
NEA Section 201 authorizes the president to declare a national emergency. The proclamation of a national emergency must be immediately transmitted to Congress and published in the Federal Register.1,2 Under NEA Section 301, statutory emergency authorities enabled by the national emergency declaration cannot be exercised until the president specifies the provisions of law under which the president or other officials will act. Such specification may be made either in the declaration or in subsequent Executive Orders published in theFederal Register and transmitted to Congress.
Termination
A national emergency can be terminated if the president issues a proclamation or if Congress enacts a joint resolution terminating the emergency. A national emergency will terminate automatically upon the anniversary of the proclamation unless the president renews the proclamation by transmitting notice to Congress within a 90-day period prior to the anniversary date and publishing it in the Federal Register.
National Emergencies Act, Sections 201 and 301 Fact Sheet | State Public Health | ASTHO
This is why I said that it takes a Joint Resolution of Congress to end the emergency:
Termination
A national emergency can be terminated if the president issues a proclamation or if Congress enacts a joint resolution terminating the emergency.
I will keep saying this until you fools understand:
The President cannot just declare a "national emergency" unless there is an ACTUAL national emergency. Only a dictator attempting to overthrow the democratically elected Congress would even attempt such a thing, and to do so, in light of all of the other crimes committed by Trump (i.e. conspiracy with Russia, trying to destroy NATO, undermining trading partnerships, and the results of the Mueller Investigation, and other investigations currently underway), would spell the end of the Trump Presidency, and give Mitch McConnell the excuse to impeach Trump and save his Senate mahority.