President Trump has declared an emergency so the wall between us and Mexico can be completed. In reaction 16 states have filed a lawsuit to stop Trump.
Per the New York Times, “The suit argues that the president does not have the power to divert funds for constructing a wall along the Mexican border because it is Congress that controls spending. The lawsuit is part of a constitutional confrontation that Mr. Trump set off on Friday when he declared that he would spend billions of dollars more on border barriers than Congress had granted him. The clash raises questions over congressional control of spending, the scope of emergency powers granted to the president, and how far the courts are willing to go to settle such a dispute.”
What the (National Emergencies) act says per Cornell Law School,
With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register.
Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect (1) only when the President (in accordance with subsection (a) of this section), specifically declares a national emergency, and (2) only in accordance with this chapter. No law enacted after September 14, 1976, shall supersede this subchapter unless it does so in specific terms, referring to this subchapter, and declaring that the new law supersedes the provisions of this subchapter.”
So it seems that while the President can declare a national emergency, Congress has a say and theoretically strike down what Trump has enacted. With the Senate in Republican control I can not see anything happening in that respect and that is why 16 states are trying to have it stuck down.
Will the Supreme Court end up deciding if Trump can declare a national emergency and take monies meant for some other use or not? I predict that if the lower courts rule against the President, then it will reach the highest court of the land.
But it is very hard to say if they would uphold Trump or not. To me it is dependent on whether or not the President can declare an emergency that no one else sees as such. For it is very clear that none of the Democrats have stated that they believe that there is an impending invasion by illegals on our southern border.
So you and I will just have to sit back and watch as this situation unfolds itself. And this should be very interesting because the court will be ruling on what restriction(s) exist on declaring a emergency.
That is my opinion- Jumpin Jersey Mike