Why Aren't Conservatives Serious About This?

Monday, February 25, 2019

Over at Hot Air, "Captain" Ed Morrissey discusses a move by Speaker of the House, Nancy Pelosi to schedule a vote. Said vote pertains to Trump's recent decision to use emergency powers to build part of a fence on the Mexican border:

Image by debaird, via Wikipedia (license).
At least Bloomberg's Nancy Ognanovich only prefaced it with a more accurate "NEWS." Pelosi laid out the order of business on the bill, and concluded her call with reporters by declaring that Trump can't act as though he's "above the law"...

"Above the law"? That's not the problem here, and Pelosi knows it. The issue here is that Trump acted within the law Congress passed in 1976, the National Emergencies Act, that gave presidents the authority to do exactly what Trump has done here. Part of that law allows Congress to revoke the declaration by passing a bill to do so, which as most media outlets state will likely sail through the House, at the very least on a party-line vote. It might even pass the Senate, too...
In the process of elaborating, Morrissey cites his own recent column on the subject of the 1976 law. The piece deserves a full read, in part because it makes a decent case for the law being unnecessary for its alleged purpose, and in part because it notes the eye-popping 31 concurrent states-of-emergency still in effect that this law has permitted past Presidents to declare. Morrissey closes that piece with the following:
It's going to be tough for Congress to argue in court that it's concerned about its constitutional privilege after decades of ignoring it. If members of Congress want to be taken seriously about the separation of powers, they can start by repealing the NEA. Or at least start taking steps to close down the other 31 states of emergency.

If Congress insists on passing the buck to the executive branch, it can't profess shock and incredulity when a president finally spends it. [bold added]
Indeed, but the real question is this: If conservatives really understand and appreciate the importance of the separation of powers, why aren't they calling Pelosi's bluff and introducing a bill to do exactly this?

Until and unless pundits like Morrissey go beyond pointing out "liberal" hypocrisy on matters like this, they are merely "owning the libs," and not defeating them.

-- CAV

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