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Smackdown2019

(1,188 posts)
Fri Apr 5, 2019, 07:40 AM Apr 2019

Congress

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.



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marble falls

(57,104 posts)
1. SCOTUS deals with Constitutionality of laws. Congress institutes laws. POTUS proposes ...
Fri Apr 5, 2019, 08:04 AM
Apr 2019

laws and executes laws.

Smackdown2019

(1,188 posts)
2. Yes, but
Fri Apr 5, 2019, 08:22 AM
Apr 2019

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)
3. The veto is a prerogative of any President. Attempting to override a veto is a prerogative ...
Fri Apr 5, 2019, 08:37 AM
Apr 2019

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)
4. Your claim
Fri Apr 5, 2019, 08:42 AM
Apr 2019

By itself could allow the President to veto the house impeachment vote and give scotus the decision to decide.

marble falls

(57,104 posts)
5. Not at all. Impeachment is not a legislative process. I suppose he could try it - then we'd have ...
Fri Apr 5, 2019, 08:46 AM
Apr 2019

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.

marble falls

(57,104 posts)
7. And Congress can overide a DE by overriding it and/or writing law regarding DE/s ...
Fri Apr 5, 2019, 08:55 AM
Apr 2019

and getting tested by SCOTUS if Congress gets accused of overstepping the Constitution.

Smackdown2019

(1,188 posts)
8. No where
Fri Apr 5, 2019, 09:13 AM
Apr 2019

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!

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