Congressional Baby Steps to Claw Back Powers Ceded to the Executive and to Rebuke Trump: ‘BradCast’ 3/14/2019

Also: Beto jumps in to 2020; Still more evidence that WI's Photo ID voting restrictions were meant only to prevent Democrats from voting...

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They were just baby steps. Though perhaps notable ones. Time will tell. But Thursday may prove to be a landmark in a potential and greatly-overdue claw back of Congressional powers ceded long ago — long before Trump — to the Executive branch. Whether the actions taken by Congress (including no small number of Republicans) on three separate issues today signal a sea change in the way Congress regards its own Constitutionally co-equal mandates and powers remains to be seen. But their rebukes of President Trump were surprisingly clear. Three different Congressional votes on three different matters covered on today’s BradCast underscore this issue. [Audio link to show follows below.]

The BradCast with Brad Friedman 3/14/2019
Congressional Baby Steps to Claw Back Powers Ceded to the Executive and to Rebuke Trump: ‘BradCast’ 3/14/2019  |  Also: Beto jumps in to 2020; Still more evidence that WI's Photo ID voting restrictions were meant only to prevent Democrats from voting...   · · · · ·   Congressional Baby Steps to Claw Back Powers Ceded to the Executive and to Rebuke Trump: ‘BradCast’ 3/14/2019  |  Also: Beto jumps in to 2020; Still more evidence that WI's Photo ID voting restrictions were meant only to prevent Democrats from voting...
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Congressional Baby Steps to Claw Back Powers Ceded to the Executive and to Rebuke Trump: ‘BradCast’ 3/14/2019

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  1. 1)
    Marvin Jones said on 3/14/2019 @ 10:56pm PT: [Permalink]

    “The matter will most likely be settled in court and, as we argue today, very likely in favor of the (gentleman from New York), given the way the Act was written….”

    Indeed, that may be so IF the case is confined to the National Emergencies Act of 1976. But there is a constitutional issue as to how an emergency is defined. And to understand what the Framers had in mind, those self-styled “strict constructionists” on the bench must carefully consider the one who influenced them. Then, at least to this historian, any hearing should be pro forma because the case is ludicrous.

    http://www.marvindjones.blogspo...-the-wall.html

    http://www.marvindjones.blogspo...larations.html

  2. 2)
    Dredd said on 3/15/2019 @ 6:17am PT: [Permalink]

    Marvin @1,
    An ultimate issue is whether delegation of power, even if explicitly giving in a statute, is a no no:

    … the Supreme Court of the United States ruled that the line-item veto as granted in the Line Item Veto Act of 1996 violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress. The decision of the Court, in a six-to-three majority, was delivered by Justice John Paul Stevens.”

    (Clinton v. City of New York, 524 U.S. 417, (1998)).

    But, to all too many of us, a no no is just a yes yes in disguise (How To Identify The Despotic Minority – 10).

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