Opinion: Congress Should Have Reclaimed Its Power Over National Emergencies Instead Of Signaling Against Trump - PressFrom - US

OpinionCongress Should Have Reclaimed Its Power Over National Emergencies Instead Of Signaling Against Trump

17:35  15 march  2019
17:35  15 march  2019 Source:   thefederalist.com

Senate GOP eyes big vote against Trump

Senate GOP eyes big vote against Trump Opposition to President Trump's emergency border declaration is snowballing in the Senate, forcing Senate Majority Leader Mitch McConnell (R-Ky.) to scramble for a way to avoid a major embarrassment for the president. While McConnell has long viewed a resolution of disapproval backed by Democrats as likely to pass the Senate, support for the measure is growing. Some senators and aides say they think it could get as many as 15 Republican votes, which would put it in striking distance of a veto-proof majority. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.

Updated February 14, 2019: Senator Mitch McConnell, the majority leader, announced that President Trump planned to declare a national emergency so he can bypass Congress and build his long-promised wall along the southwestern border. Read the latest here.

Presidents have invoked emergency - powers statutes nearly five dozen times since Congress enacted the National Emergencies Act of 1976, but But as the debate over Mr. Trump ’s action shifts to courtrooms, legal experts warned that its fate may turn less on such high constitutional principle and

Congress Should Have Reclaimed Its Power Over National Emergencies Instead Of Signaling Against Trump© The Federalist Congress Should Have Reclaimed Its Power Over National Emergencies Instead Of Signaling Against Trump

Editor’s note: The opinions in this article are the author’s, as published by our content partner, and do not necessarily represent the views of MSN or Microsoft.

From the moment President Donald Trump declared a national emergency on America’s southern border to address what the administration has long considered a humanitarian and national security crisis, lawmakers in both houses of Congress have been divided into four separate camps.

Pelosi rejects Republican bill to change national emergencies act

Pelosi rejects Republican bill to change national emergencies act Speaker Nancy Pelosi said the House will not consider a Republican bill to amend a federal national emergencies law.

My anger over the anti -America First bill & the National Emergency placation, doesn't mean I hate Trump . Honestly, it makes me sad -- I see how far Others, like Sen. Mike Lee (R-Utah) grudgingly admitted the emergency was legal but argued Congress should reassert its powers to change that.

The 1976 National Emergencies Act grants a president powers to take unilateral acts in times of crisis. But it also outlines congressional checks The president’s language over the nature of the wall also continues to shift. “The barrier or the wall can be of steel instead of concrete if that works better

The first, composed predominately of Democrats, was dead set against Trump’s declaration. Many of them called it a grossly immoral travesty that would compound the problems at the border. Other Democrats were dismissive of the notion that there was an emergency at all.

The other camp was filled by what could be categorized as constitutional conservatives—lawmakers like Rand Paul, Mike Lee, Justin Amash, and Thomas Massie—who viewed Trump’s order as a violation of the legislative branch’s power of the purse. Then there were the majority of Republicans who supported the president’s proclamation. Finally, there were the undecided Republicans caught between two bad choices: voting against a Republican president with an iron grip on the GOP base or voting against a joint resolution that would claw back some of the legislative branch’s power.

Trump pushes senators to stick with him on border emergency

Trump pushes senators to stick with him on border emergency President Donald Trump is warning Republicans who want to vote against his national emergency on border wall. He tweets that they're "overthinking" the issue. GOP Senators want to limit future executive powers after Trump invoked the emergency to access billions of federal dollars to build barriers along the southwest border. House Speaker Nancy Pelosi is trying to make it harder for Republicans to avoid an embarrassing Senate rebuff of Trump. She says the House won't take up that legislation.

Instead , Trump reluctantly agreed to sign a massive spending deal that included just .375 billion for border security Friday, averting another government shutdown. A senior administration official told reporters that its ultimate goal is to repair or build barriers along at least 234 miles of the border.

Donald Trump has defied fierce criticism to announce that he is using emergency powers to bypass Congress and pursue the building of a wall on the Speaking in the White House rose garden, Trump noted that the National Emergencies Act of 1976 gave presidents leeway to declare an emergency

Regardless of which camp a representative belonged to, they all failed to capitalize on the best opportunity Congress has had to remedy the National Emergencies Act (NEA). With the exception of Sen. Mike Lee (R-UT), who introduced a bill that would reform the way national emergencies are declared and terminated, lawmakers allowed the opportunity to slip away. Lee tabled his bill in response to Trump promising a veto, joining the 59 senators who instead voted to block Trump's border emergency declaration Thursday. In effect, Congress chose political convenience over much-needed reform.

Passed in 1976, the NEA was the end product of a special congressional committee investigation that discovered rampant overuse of emergency authority by presidents of both parties. Coming during the Watergate era when trust in government was at a low, Congress sought to address it through a law designed to place some speed bumps in front of a president who may feel tempted to abuse his power.

Senate talks collapse on avoiding Trump showdown over emergency declaration

Senate talks collapse on avoiding Trump showdown over emergency declaration Senate Republicans say talks to find a way to stop a House-passed resolution disapproving of President Trump's emergency border declaration are collapsing amid Republican divisions over what some see as a breach of separation of powers. Senate Republicans said Wednesday afternoon that Trump will not support a proposal sponsored by Sen. Mike Lee (R-Utah) to reform the National Emergencies Act of 1976 and require Congress to approve futur e emergency declarations after 30 days. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.

Jamie Raskin (D-Md.), as Democrats take steps to defend against any declaration. House Democrats are aggressively exploring a possible legal challenge should President Trump declare a national emergency to build a U.S.-Mexico border wall, scouring federal law and court precedents

Either way, Congress must revisit the National Emergencies Act. Whatever ultimately becomes of Trump ’s threat, or of the debate over the wall more generally, Congress ought to But for a host of reasons, Congress should instead start with a simple procedural reform: Presidential declarations of

If the president believed emergency powers were appropriate, he had to publish a national emergency proclamation in the Federal Register explaining what authorities he was using to deal with the crisis. All national emergencies would end in a year unless the president extended them. And Congress could terminate the emergency at any time through a vote.

When it was first passed, the NEA was seen as a limitation on the executive branch. Today, however, the law is inadequate.

Congressional enforcement of the NEA has been pathetically inept. Lawmakers in both chambers are supposed to review national emergencies every six months to determine whether they are still appropriate. Not once has this occurred in the 42 years the law has been on the books.

Indeed, this week is the first time Congress has held a vote on terminating an emergency declaration (in every case when an emergency was terminated, the president was the one who made the decision). It’s a horrendous record, and Congress should be embarrassed for not even bothering to implement a law that is meant to protect its prerogatives.

Lee, fifth GOP senator, to vote against Trump's border declaration

Lee, fifth GOP senator, to vote against Trump's border declaration GOP Sen. Mike Lee (Utah) says he will vote for a resolution disapproving of President Trump's national emergency declaration on the southern border, becoming the fifth Senate Republican to announce his support for the measure. Republicans control 53 seats and all Democrats are expected to vote for the disapproval resolution, which means it has enough votes to pass the Senate. Lee announced his support after talks with the White House collapsed Wednesday afternoon. Lee and a group of other GOP senators including Sen. Thom Tillis (N.C.

Trump has long signaled his disdain for the concepts of limited presidential power and democratic The moment the president declares a “ national emergency ”—a decision that is entirely within his After all, Trump can do only so much without bumping up against the limits set by the Constitution

Republicans are divided over Trump ’s declaration, with many unnerved by what they see as an executive power grab, while others That’s because Trump isn’t responding to a crisis that’s evident to the American people but is instead taking action after Congress rejected his funding request for

Lee’s legislation would have changed the system. Rather than putting the onus on Congress to disapprove an emergency that the president could simply extend on his own, Lee’s bill would have forced the president to receive congressional approval for an extension after 30 days. If lawmakers refused to vote for a resolution of approval, the emergency powers the president claimed for himself would expire.

In short: instead of the auto-pilot of the NEA—where it’s far easier for the executive branch to keep an emergency in place than it is for Congress to end it—there would be a constant review process from the American people’s elected representatives before the authority can continue. It’s a common sense reform Republicans and Democrats should be able to support.

Yet the status quo still dominates. Yes, Lee pulled his own bill, but the truth is most members of Congress likely weren’t interested in voting for it. Better to blame the president from a distance when things don’t work out than actually fix the problem.

Executive power, from war-making to policymaking, has increased exponentially since the Watergate era. The post-9/11 period has been a boon for flexing presidential muscle. Congress can start rebalancing the system, but it won’t happen unless the institution shows the boldness and political courage too often absent on Capitol Hill.

GOP moves to rein in president's emergency powers.
Republicans are digging in for a long fight over reining in the president's emergency powers, setting up a potential clash with both the White House and Democrats. President Trump on Friday vetoed Congress's attempt to block his national emergency on the U.S.-Mexico border wall. With neither chamber expected to have the votes to override his veto, the president is poised to win round one of his fight with lawmakers. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.

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