, 6 tweets, 3 min read Read on Twitter
1/ I am always grateful for sober and careful analyses from @charlie_savage about breaking legal issues. Read this piece to learn about potential congressional authorizations for building the wall with emergency powers.
2/ For example, the President could reallocate funds already appropriated to build border "fences"--barriers that have been authorized by statute, but not yet built.
3/ Moreover, the statute that allows Congress disapprove of the emergency declaration by joint resolution runs afoul of INS v. Chada. Justice White's warning continues to prove accurate
4/ Congress long ago gave up its legislative prerogatives with open-ended delegations of power. In turn, courts routinely deferred to those delegations. Congress should reassert its lawmaking powere.
5/ More from @LizaGoitein , @BobbyChesney lawfareblog.com/can-president-…, and Margaret Taylor on Lawfare. lawfareblog.com/declaring-emer… As much as I want to say Trump has no ground to stand on, there are plausible statutory arguments in his favor.
6/ More from Mike Ramsey:
"the problem is likely not presidential overreach but congressional over-delegation." originalismblog.typepad.com/the-originalis…
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