The Republicans who voted for the resolution of disapproval in the House are selectively interpreting the Constitution in order to bash Trump.
Yes, the Constitution gives Congress the power of appropriations.
Is that the entirety of the Constitution? Is there nothing more that pertains to the subject?
Well, gee, maybe kinda sorta there could be a couple more provisions that pertain.
Such as the definition of the supreme Law of the Land in Article VI. It includes the Constitution, laws made in Pursuance thereof and Treaties made under the Authority of the United States. So, laws such as the National Emergencies Act are part of the supreme Law of the Land, made so by the Constitution.
A Constitutional provision can hardly be un-constitutional.
And there’s also the Article I, Section 8 power “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”
Well, Congress has made just such a law in the National Emergencies Act, and President Trump as an Officer of the United States is faithfully executing the law Congress has made.
Congress has enacted a law that in emergencies – as determined by the President – their appropriations can be juggled by the President to meet the emergency needs.
Disagreeing about priorities does not make the other guy a Constitution-breaker!
ERpundit – 02/27/19