wrong buffalo breath ... better do your homework on this one.
Between you and I, I'm likely the only one who is looking at the actual discrepancy in power with regard the root issue.
You, on the other hand, are just reciting some dumbed down, irrelevant, back assward narrative you heard on your television which has nothing to do with the actual conundrum at hand.
What youl;re doing is asking who's job is it to wash and wax the broken down car when what you should be asking is how the motor got blown and whose job it is to fix it.
But, I've not been around in a while. I'm hungry to feed on one of you big government losers In front of all of your friends, go ahead and make your case. Tell us what you have been told is the actual conundrum here.
Trump can claim national emergency until he is green -
Potential arguments that would rise are whether the border wall is necessary to support the armed forces already deployed at the border, whether the construction has the appropriate approval, and whether the reallocation of funds is justified. Also a matter of debate is who would have legal standing to challenge the president’s declaration.
all to be decided by the SC ....
next contestant ...
I'm not sure it will be that open and shut.
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 the
Federal 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