re: #361 Jay C

Maybe: but [*] AFAICT, as the laws stand now, “because I fucking said so” pretty much is the foundational legal basis for “emergency” declarations. And it’s just that real Presidents (i.e. those not named “Trump”) haven’t (ab)used the powers of said laws to try to end-run Congress to fund pet projects out of personal pique and political obsession. So the laws haven’t really been tested. And given the tragic circumstance that we still have Republicans with a non-trivial Minority in the House (and a Senate Majority), they will have be tested in court (SCOTUS).

* Insert “I Am Not A Constitutional Scholar” disclaimer HERE

* me neither. nor a historian

has any president ever declared a national emergency over an issue directly and recently voted down by both houses of congress?