Trump’s Emergency

[detbuch]

Originally Posted by Pete F.

Trump has now decided that he needs to declare an Emergency.
I expect the House to pass legislation denying his emergency.
McConnell then is required to put it to a vote, no if ands or buts. If the Republican majority in the Senate ignores the Constitution and fails to pass it they will have ceded the power of the purse to the President and set a very dangerous precedent, that will be repeated in the future. Of course it won’t be over at that point, Trump would most likely veto it and then we would really find out if the executive branch controls all of Government.
All of us heard plenty of wailing about Obama’s overreaches on DACA and Libya to know that for the Republicans to not act on this is hypocritical at best.

Nothing you have said here indicates that Trump's invoking of his emergency power would set a dangerous or anti-Constitutional precedent.

Use of emergency power spending does not cede the congressional power of the purse to the President. Congress can deny the money, unless it has already been designated and a majority does not revoke that. If Trump can find already allocated funds, and Congress does not deny his use of them, he can constitutionally use the money.

It can eventually go to the Supreme Court to decide. I'm sure you would have no issue with how the Court would decide it since you approve of the judicial right to "interpret" on the basis of personal opinion on what is right.

[Pete F.]

Originally Posted by detbuch

Nothing you have said here indicates that Trump's invoking of his emergency power would set a dangerous or anti-Constitutional precedent.

Use of emergency power spending does not cede the congressional power of the purse to the President. Congress can deny the money, unless it has already been designated and a majority does not revoke that. If Trump can find already allocated funds, and Congress does not deny his use of them, he can constitutionally use the money.

It can eventually go to the Supreme Court to decide. I'm sure you would have no issue with how the Court would decide it since you approve of the judicial right to "interpret" on the basis of personal opinion on what is right.

Name one case where a president has asked Congress for money, Congress has refused, and the president has then invoked national emergency powers to get the money anyway.

[detbuch]

Originally Posted by Pete F.

Name one case where a president has asked Congress for money, Congress has refused, and the president has then invoked national emergency powers to get the money anyway.

I don't offhand know of such a case. Nor do I wish to research it. It is irrelevant to what I said. Do you know that there never was such a case? Why does that matter? If this was the first time it ever happened, does that mean it is improper, or somehow set a dangerous or anti-Constitutional precedent?

If there were no "first time" for anything, nothing would exist. Being the first time does not make something unconstitutional nor make it a dangerous precedent. I pointed out that nothing you said indicated that Trump's invoking of his emergency power would set a dangerous or anti-Constitutional precedent. That is still true, regardless if it had ever happened before or not.