House Voting to Revoke State of Emergency

Even before President Trump removed all doubt about his decision to declare a National State of Emergency by announcing same regarding the situation at our southern border, leftist legal “experts” along with their RINO enablers, began to attack his ability to do so.


This just popped up on my Twitter feed.

Democrats in Congress are working to end President Trump’s emergency declaration, potentially cutting off funding for a wall at the US-Mexico border.

No great surprise there. What’s also not surprising, but quite sad, is that there will be Senate Republicans who vote for this travesty when it’s their turn to weigh in. Already that brilliant judicial analyst, Susan Collins has stated that she would.

We ought to set a few things straight here. Full disclosure, I’m not a lawyer, nor have I recently stayed at a Holiday Inn Express, so please feel free to shoot down any legal concepts upon which I happen to opine upon herein. The premise of this piece is that we need to make sure our side is the one that defines the terms of this particular discussion.

First of all, there is absolutely no question that the President of these United States, has the requisite power and authority to declare a state of “National Emergency” for any reason—or no reason at all. This declaratory power is not constrained by any statute, precedent or constitutional edict. It is, for all intents and purposes, unlimited—except by Congress.

Second, Congress is the co-equal branch that passed the legislation giving the Presidency that power to begin with. As such, Congress can always constrain the sitting President by passing a resolution declaring his Declaration of Emergency, “not an emergency.” Of course, in order to guarantee success, Congress must do so via a veto-proof vote.

Third — and most importantly — what actual powers does the President actually have when he does, in fact, declare a National Emergency? This, in my most (not so) humble opinion, is the question we should be debating. A question that should concern both Republicans and Communists…Ahem!!…Democrats alike, which brings me finally, to the fundamental question asked in this tome.


Why doesn’t Congress tackle this very important question? Congress is the entity that has given the Presidency this almost unlimited power. Why is the discussion focused on President Donald Trump? Of course, any truly sentient being inherently knows the answer to this question.

President Donald J. Trump is the focus because—Trump! I’m all about constraining the Presidency. Congress should review some of these end executive powers, whether they exist because of State of Emergency legislation, or the Patriot Act. The leftists have no issue with the Presidency, as a general rule, having these powers. They just don’t want Trump to have them.

Mike Ford is a retired Infantry Officer who writes on Military, Foreign Affairs and occasionally dabbles in Political and Economic matters.

Follow him on Twitter: @MikeFor10394583

You can find his other Red State work here.


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