No Images? Click here 20 FEBRUARYStates of emergencySixteen US states have filed a lawsuit challenging President Donald Trump's national emergency declaration. The attorneys general from Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon and Virginia joined California in the lawsuit. Trump intends to take executive action to re-allocate more than US$6 billion from funds appropriated by Congress for other purposes – principally out of the US Defense budget – to pay for a border wall with Mexico. The Trump administration already faces a litany of lawsuits over the national emergency declaration. Over the weekend, the Center for Biological Diversity, Border Network for Human Rights and the American Civil Liberties Union all announced lawsuits. NEWS WRAPBernie's back
Please inform the Court that the photograph and comment today was improper and should not have been posted. Trump confidant Roger Stone apologises for posting an Instagram photo of the judge presiding over his case next to the crosshairs of a gun. ANALYSISNational emergencies and the US ConstitutionBruce Wolpe This month President Trump signed the border security spending bill – ending any threat of another government shutdown – and issued a declaration of national emergency under the National Emergencies Act of 1976. He intends to take executive action to re-allocate US$6 billion+ from funds appropriated by Congress for other purposes – principally out of the Defense budget – to pay for a border wall with Mexico. Under the US Constitution, it is explicitly provided that the "power of the purse" resides with the Congress. Only Congress can appropriate money. The US president cannot override Congress' decisions on appropriations. Similarly, Congress cannot appoint the president's cabinet, or make a treaty with a foreign power. This is the separation of powers under the Constitution and it is what is at the heart of Trump's declaration of a national emergency. While these powers are absolute, they are also theoretical. In practice, Congress has ceded certain powers to the president in certain exceptional circumstances, especially those surrounding declared national emergencies. The question here is what constitutes a national emergency, who gets to declare a national emergency, and what role the Congress plays in overseeing such a declaration. It should be noted that since this law came into effect, presidents of both parties have declared national emergencies 60 times, but have never done so in order to circumvent Congress role in appropriating legislative initiatives. While there has been significant commentary on whether there is a true "emergency" on the southern border – and hence whether the president's declaration is warranted – the fact is that the National Emergencies Act does not define what an "emergency" is. It simply states that the president may declare one ("the president is authorised to declare such national emergency"). The courts will therefore likely defer to the president's judgment on the declaration, leaving the heart of the legal matter to the issue of whether Trump has violated the separation of powers. There will be legal and political challenges to Trump’s declaration — and underlying that challenge is the issue of both separation of powers and the oversight of the presidency in matters of national security. Politically, the House of Representatives will initiate action (under the National Emergencies Act) to pass a resolution of disapproval of the president's declaration. Once that passes the House, it will move to the Senate. In the Senate, the special procedures provide for a simple majority vote on this resolution within 18 days. So the 47 Democrats need only four Republican votes to reject what the president has done – and more than four Republicans have expressed serious reservations about the president's move. However, if the resolution of disapproval can pass Congress, Trump will likely veto it – and a vote to override that veto will take a two-third's supermajority in both the House and Senate. Trump may ultimately win this fight, but he may well sustain a majority vote in the Republican Senate against him. Read Bruce Wolpe's full explainer on national emergency declarations here. DIARYThe week ahead
EVENTChat with a diplomatAs part of the University of Sydney's Welcome Week, Chat with a Diplomat offers an opportunity for students interested in a career in international relations to ask questions, and receive practical advice about the range of options available. Hosted by the United States Studies Centre, this session will be attended by Donald Maynard (Head of Public Affairs at the US Consulate General Sydney) and Ryan Neelam (DFAT Acting State Director, NSW). DATE & TIME LOCATION COST Manage your email preferences | Forward this email to a friend United States Studies Centre |