President Trump will win the lawsuit challenging his declaration of emergency

Speaker Pelosi urged the House Democrats to sign a resolution to challenge President Trump's declaration of a national emergency to build the border wall. This is the proper procedure to test a president's declaration of national emergency. If Congress disagrees with the declaration of an emergency, it can pass a joint resolution to oppose it.  But the president can veto that resolution, and then Congress would have to override the veto.  The law provides the mechanism for Congress to challenge the declaration of an emergency.  This means that the plain language of the law leaves it to the president and Congress, the elected political branches of government, to determine a national emergency.  It means that it is not an issue for the federal courts, because the statute has a clearly written procedure for the elected branches of government to resolve any dispute about whether the president is properly following the National...(Read Full Post)
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