I do believe the executive branch has the authority to declare national emergencies and to re-appropriate funds in response to Congressional inaction. I also believe the legislative and judiciary branches have the authority to challenge the President’s actions. Our reading this week illustrated that there is a constant battle to maintain the separation of powers between the three branches of government. The recent declaration of a national emergency regarding border security is a great illustration of how our three branches of government can exercise their authorities to maintain checks and balances on power.
According to the National Emergencies Act of 1976, the President can declare a national emergency and invoke the emergency powers, as defined by law, but Congress can also terminate a declaration of emergency with a joint resolution signed into law (94th United States Congress, 1976). It is also my understanding that a citizen or organization can challenge this declaration in a court of law. A legal challenge can then be appealed all the way up to the Supreme Court where the judicial branch can judge the constitutionality of this emergency declaration along with the legality of the funds being re-appropriated.
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