One thing about the Act that created the recourse to a "National Emergency" authority: Is That it left unclear just what one is. Suggesting that, "I don't need to do this," just wanting to speed up what most would call a Legislative process-culminating in a vote--leaves too much to ambiguity. The only matter imminent so far in the "National Emergency:" Are the lawsuits being filed already, and today.
To be Constitutional, then the Authorizing Act itself has to offer clarity, usually through a definition of terms. It is apparent that the White House, most federal agencies, most state legislatures, two Federal Legislatures--and every citizen affected or not: Doesn't know anything about any "Emergency" basis. There is no widespread feeling of threat from applicant asylum-seekers: So-called, "Caravan after Caravan."
In 1939, for example, Both Cuba and the USA turned away 900 Jewish refugees Fleeing Nazi Germany. The outcome of that was repatriation to four other nations, not to Germany--about to attack all of Europe at any rate.
"Atrocity Prevention" is not widely regarded a "National Emergency:" Simply on the basis of refugees getting lawfully processed.
So in Law there is a concept, "Vagueness:" which offers the standard remedy--void the Act Itself.
www.duhaime.org/LegalDictionary/V/Vagueness.aspx
"Vagueness is a doctrine of constitutional law; and grounds upon which a statute can be found to be inoperative. Every law must be sufficiently clear for the citizens to grasp its import."
"Crow, James Crow: Shaken, Not Stirred!"
(Many White Eyes clearly misunderstand, "This Land Is My Land. . . . ."
To be Constitutional, then the Authorizing Act itself has to offer clarity, usually through a definition of terms. It is apparent that the White House, most federal agencies, most state legislatures, two Federal Legislatures--and every citizen affected or not: Doesn't know anything about any "Emergency" basis. There is no widespread feeling of threat from applicant asylum-seekers: So-called, "Caravan after Caravan."
In 1939, for example, Both Cuba and the USA turned away 900 Jewish refugees Fleeing Nazi Germany. The outcome of that was repatriation to four other nations, not to Germany--about to attack all of Europe at any rate.
"Atrocity Prevention" is not widely regarded a "National Emergency:" Simply on the basis of refugees getting lawfully processed.
So in Law there is a concept, "Vagueness:" which offers the standard remedy--void the Act Itself.
www.duhaime.org/LegalDictionary/V/Vagueness.aspx
"Vagueness is a doctrine of constitutional law; and grounds upon which a statute can be found to be inoperative. Every law must be sufficiently clear for the citizens to grasp its import."
"Crow, James Crow: Shaken, Not Stirred!"
(Many White Eyes clearly misunderstand, "This Land Is My Land. . . . ."