It's an emergency!

Cue the pearl-clutching and hand-wringing about President Trump's declaration of a National Emergency over the border wall.    Democrats are determined not to "let the President shred the Constitution" (CNN).  Republicans are also warning the President, albeit sotto voce.

If anyone in Congress is choked about this they have only themselves to blame.  Elizabeth Goitein in the Atlantic summarizes it nicely.  After abuses during the Watergate era, Congress passed the National Emergencies Act in 1976, forcing the President to formally declare a National Emergency, enumerate the powers sought, and report back every 6 months on the state of the emergency.   Congress can vote to "undeclare" the emergency when these reports arrive and the emergency expires in a year in any event - unless renewed by the President.

So, how has Congress been doing?  Well since then presidents have declared 58 National Emergencies, 31 of which are still in effect, some dating from the 1980's.  Many are worthy of continuation and renewal but there are a lot that could use a second look (ABC News).  We're still dealing with National Emergencies involving Yemen, Lebanon, Sudan, Zimbabwe, Belarus, Libya, Somalia and Burundi.   

And how about that oversight?  Politico sums it up:

Yet in the 42-plus years since the National Emergencies Act was passed, Congress has not met a single time—let alone every six months, as prescribed under the law—to debate whether a national emergency declared by the president should be reviewed and reconsidered. Perhaps out of uninterest, partisanship, cowardice or all of the above, lawmakers in both parties have consistently failed to enforce the one section of the law that bestows upon the legislative branch the ability to exert power and influence over the entire process. Across multiple congresses, over multiple decades, Congress has consistently failed to hold the president accountable and ensure that the president’s authority does not rise to that of a king.

The real problem here for the major party establishments is that a totally unpredictable outsider is in the White House, trying out the levers of power.   And discovering that Congress has through neglect given the president a lot of power.  They are also discovering that it might not be as easy as they'd like to stop him.  Quinta Jurecic at Lawfare notes that:

This is not ‘sovereign is he who decides on the exception,’ but a president exercising power delegated to him by a co-equal branch of government consistent with the structure of separation of powers—and likewise subject to review in litigation by another co-equal branch of government.

 So - it looks like after 43 years Congress will finally sit down on or about July 15 and - for the first time - review a declaration of National Emergency.

Congress has delegated too many of its powers to the executive branch over the years, notably the right to declare war.   The recent House resolution on the war in Yemen is a welcome break from the past.  It's about time Congress took their responsibilities under the Constitution more seriously instead of playing politics with the executive branch.  Our freedoms are on the line when they rubber stamp these emergencies. It's about time we sent some people to Congress who are committed to their constituents as much as their party. 

-- Mike Power