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Congress should declare the 1976 law that grants the President to declare emergency and use funds from other departments unconstitutional!
The US Constitution stipulates that Congress appropriate money, not the President.
Second, the 1976 law says that Congress can over rule the President and there is NO MENTION of VETO in the law.
marble falls
(57,104 posts)laws and executes laws.
Smackdown2019
(1,188 posts)The power to veto your oversight does not exist within the law. Therefore the veto trump produced was invalid considering Congress voted NO on deciding there was an emergency.
Second, Congress gives Congress the RIGHT to decide which department's get what amount of FUNDING, not the President. Therefore the law is unconstitutional!
marble falls
(57,104 posts)of any Congress. The Constitutionality of any law or action by the POTUS or Congress is in the hands of the SCOTUS. The President proposes and the Congress disposes and if challenged over Constitutionality, Scotus rules.
Smackdown2019
(1,188 posts)By itself could allow the President to veto the house impeachment vote and give scotus the decision to decide.
marble falls
(57,104 posts)a real Constitutional crisis, since the Constitution specifically gives Congress the power to impeach.
The check and balance here is: the President can veto, Congress can override.
Smackdown2019
(1,188 posts)marble falls
(57,104 posts)and getting tested by SCOTUS if Congress gets accused of overstepping the Constitution.
Smackdown2019
(1,188 posts)Does it give the President to veto an impeachment vote, especially on himself. Though I do agree with you that he may veto his own impeachment. But the 1976 law was designed as oversight and Congress decides whether an emergency is an emergency by President declaration. Same as Congress right to declare war, the president can not veto that!