Memo to Republicans who oppose POTUS Trump’s emergency declaration: Shut up

By Jon Dougherty

In a lengthy tweet storm, Rep. Justin Amash (R-Mich.) laid out his case as to why he believes that POTUS Donald Trump’s declaration of a national emergency along the U.S.-Mexico border was not just inappropriate but unconstitutional as well.

He begins:

“A thread on national emergencies and our Constitution:

Congress makes laws.

The president executes laws.

The Supreme Court decides cases.

This is our constitutional system.

Congress cannot delegate legislative powers to the president by statute.”

A thread on national emergencies and our Constitution: Congress makes laws.

The president executes laws.

The Supreme Court decides cases. This is our constitutional system. Congress cannot delegate legislative powers to the president by statute. — Justin Amash (@justinamash) February 15, 2019

“Going back to the Framers of the Constitution, Americans have recognized the presidentâ€™s inherent power as chief executive to act swiftly in an emergency, especially a sudden attack on the United States. But such power exists only so long as Congress has no opportunity to act,” he continued.

Going back to the Framers of the Constitution, Americans have recognized the president’s inherent power as chief executive to act swiftly in an emergency, especially a sudden attack on the United States. But such power exists only so long as Congress has no opportunity to act. — Justin Amash (@justinamash) February 15, 2019

“Over the years, Congress has passed laws to create an orderly process for receding the presidentâ€™s inherent emergency power as an emergency subsidesâ€”the War Powers Resolution and the National Emergencies Act are two examples.”

Over the years, Congress has passed laws to create an orderly process for receding the president’s inherent emergency power as an emergency subsides—the War Powers Resolution and the National Emergencies Act are two examples. — Justin Amash (@justinamash) February 15, 2019

“Laws like the War Powers Resolution and the National Emergencies Act are notâ€”and, under our Constitution, cannot beâ€”grants of legislative powers to the president. They were adopted to transition authority back to Congress when unilateral executive action is no longer appropriate,” Amash continues.

Laws like the War Powers Resolution and the National Emergencies Act are not—and, under our Constitution, cannot be—grants of legislative powers to the president. They were adopted to transition authority back to Congress when unilateral executive action is no longer appropriate. — Justin Amash (@justinamash) February 15, 2019

“Congress can make no law permitting the president to assume permanent legislative powers, even in a single area, simply by his declaring an emergency. The president may act quasi-legislatively only in an actual emergencyâ€”when Congress has no time to actâ€”and then only temporarily.”

Congress can make no law permitting the president to assume permanent legislative powers, even in a single area, simply by his declaring an emergency. The president may act quasi-legislatively only in an actual emergency—when Congress has no time to act—and then only temporarily. — Justin Amash (@justinamash) February 15, 2019

Amash goes onto say that Congress can override a presidential declaration but that arrangement ‘turns on its head’ the framers’ intent that references the first tweet: Congress makes laws and presidents carry them out.

Fine. No argument there.

But Congress passed the National Emergency Act in 1976 and the War Powers Resolution in 1973, and both of these legislative acts have been utilized often by subsequent presidents over the years. And during those occasions, Congress was alternately led by DemocratsÂ and Republicans.

Yet in 40 years’ time, the Legislative Branch has never made any serious effort to reverse these pieces of legislation nor curb a president’s ability to utilize the authorities granted under them. There have been rumblings back and forth, especially regarding the War Powers Resolution — which appears to be a direct surrendering of Congress’ exclusive constitutional authority to declare war — but again, subsequent congresses for decades have made no serious effort to reverse or repeal these granted powers.