Under Law, Trump's "National Emergency" Would Force the Senate Republicans to Vote For or Against It
The “National Emergencies Act” became law September 14, 1976 and is found at United States Code, Title 50, Chapter 34
As codified: www.law.cornell.edu/...
Original 1976 Act: www.govinfo.gov/…
As amended in 1985 Title VIII, §801: www.govinfo.gov/...
Should idiot Trump declare a “National Emergency” on our southern border the law has remedies. The Congress can override the declaration. 50 USC §1622 (a)(1) states:
(a) Termination methods Any national emergency declared by the President in accordance with this subchapter shall terminate if—
(1) there is enacted into law a joint resolution terminating the emergency To me, the most important part is the mandatory requirement that a vote be had if a joint resolution to terminate the “National Emergency” is introduced. 50 USC §1622 (c) states:
(c) Joint resolution; referral to Congressional committees; conference committee in event of disagreement; filing of report; termination procedure deemed part of rules of House and Senate
(1) A joint resolution to terminate a national emergency declared by the President shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be. One such joint resolution shall be reported out by such committee together with its recommendations within fifteen calendar days after the day on which such resolution is referred to such committee, unless such House shall otherwise determine by the yeas and nays.
(2) Any joint resolution so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents) and shall be voted on within three calendar days after the day on which such resolution is reported, unless such House shall otherwise determine by yeas and nays.
(3) Such a joint resolution passed by one House shall be referred to the appropriate committee of the other House and shall be reported out by such committee together with its recommendations within fifteen calendar days after the day on which such resolution is referred to such committee and shall thereupon become the pending business of such House and shall be voted upon within three calendar days after the day on which such resolution is reported, unless such House shall otherwise determine by yeas and nays.
So, under section (c)(1) a Democratic controlled House Committee could report out the termination of the “National Emergency” very quickly and under (c)(2) it could be voted on very quickly.
Once the Joint Resolution to terminate the “National Emergency” passes the house is where it gets interesting. Under (c)(3) the Senate MUST vote on it. While they can drag their feet 15 days in committee and 3 days before a vote, they will have to vote ----no filibuster.
If idiot Trump declares a “National Emergency” he will be putting the Senate Republicans in the position where they will have to vote for or against his declaration of a “National Emergency.”
While, yes Trump could ultimately veto a passed Joint Resolution -- I want to see how these Republican Senators vote.
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