Julie DavisCompte certifié

This is why this should not be settled in the courts but in the Congress. They have an Article 1 responsibility that can only be done by them. Time for some institutional integrity!

But surely the power to declare an emergency rests upon their actually being an emergency? Otherwise its a really dumb power to give someone

I guess it is possible, but this would be very dangerous. If there is no check on whether the "emergency" in fact exists, Presidents can declare fake emergencies all the time and circumvent Congress that way.

That seems like a rather critical part of the equation to me

Maybe. But let me know when the president gains the power to appropriate federal funds.

Good point. This is likely a supreme court POV. A lower court will probably be more open to looking at whether this is an emergency... Which everyone clearly knows it isn't.

And there you have it. The New York Times everyone. Where the reflex is to go to the meta substance because we wouldn't want to actually take a position on whether words mean things. They see themselves the same way they think the court might see itself

Kind of deferring to the lawyers over the reporters on this one (although happy to grant that the reporters know way more than me) and the lawyers seem to think differently than this warm take.

That would make the president also part of the legislative branch....since power of the purse and all.

ProTip: pay close attention to what actions are taken through the emergency declaration vs normal executive power. You may find the emergency declaration is no more than a flickering laser pointer and the #OppositionParty is chasing it directly into a #Wall