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1/ I have not yet written about the "emergency" declaration because I am waiting to see the actual legal justification, and, hopefully, an OLC opinion. So far we only have a barebones proclamation.
2/ My tentative reaction is similar to my reaction in 2014 to DAPA: Congress is at fault for giving POTUS too much power. The legislative branch needs to reign in its delegations of authority. Presidents can use that power to adopt policies that Congress otherwise rejects.
3/ See my 2014 Op-Ed in @latimes titled "Obama's overreach? Look in the mirror, Congress."
"When Congress fails to check the other branches, the executive, acting alone, aggrandizes the legislative power from generation to generation." latimes.com/opinion/op-ed/…
"When Congress fails to check the other branches, the executive, acting alone, aggrandizes the legislative power from generation to generation." latimes.com/opinion/op-ed/…
4/ I sincerely hope that Congress disapproves of this emergency declaration, and overrides the veto if necessary. But Congress shouldn't stop there. Congress should take the next logical step of rescinding some of the unbridled authority given to POTUS.
5/ A member of Congress reached out to me to propose ways of limiting the President's emergency powers. This strategy is wise. It is not enough to stop the President whose actions you dislike. Congress should halt all future Presidents who will further aggrandize their power
6/ @SenMikeLee has the exact right sentiment: Reign in executive power so no President, Republican or Democrat, can declare an emergency with virtually no strings attached.
7/ At some point, either DOD or DHS will have to take some sort of concrete action that, I hope, will entail a discussion of the executive powers. So far, the proclamation merely triggers the emergency. No funds have been appropriated. No land sited. Nada
