Keep in mind when reading the following, we are talking about The National Emergencies Act, and specifically 10 U.S. Code Section 2808 and 33 U.S. Code Section 2293, which delegate certain powers to the President under a declared emergency.
The rule is, a legislature may not delegate to a subordinate body authority to do something that is beyond its own powers, and an improper delegation of legislative power, although acted on, is without force!___ See Am Jur vol. 16, Constitutional law, LEGISLATIVE POWER, RULE BARRING DELEGATION
But, ‘‘It will not be contended,’’ wrote Chief Justice Marshall in 1825, ‘‘that congress can delegate to the courts, or to any other tribunals, powers which are strictly and exclusively legislative. But congress may certainly delegate to others, powers which the legislature may rightfully exercise itself.’’ Wayman v. Southard, 23 U.S. (10 Wheat.) 1, 41 (1825).
The simple truth is, committees, boards, and other bodies created by Congress or appointed by the President do not have constitutionally authorized power to create law which the Congress, and only the Congress___ the people’s elected Senators and Representatives ___ are charged with creating. To allow an unelected body to create law would be in violation of our Constitution’s guarantee to a “Republican Form of Government”.
So, the question is, Does Congress have legislative authority over the subject matter contained in The National Emergencies Act? And, the answer to that question is a resounding YES. A second question is, as related to President Trump’s action is, is he creating law, or acting under law created by Congress?
Those who may be interested in pursuing the matter further, as I have many years ago, google “unlawful delegation of legislative power”.
The bottom line is, the 12 Republicans who voted against Trump’s actions voted against Trump acting within the authorized limits of the National Emergencies Act. If they really are against Trump, or any other future president being able to redirect funds as stated in the NEA, their option is to introduce legislation to alter the ACT. But to go against President Trump, for exercising a lawful delegation of power, is an attack upon our very system of government.
Rand Paul, as well as the other eleven, are full of crap when it comes to adhering to the rule of law and Constitutional limits, and their vote borders on giving aid and comfort to domestic enemies who are intent on destroying our country from within by filling our country with the poverty stricken, poorly educated, low skill, disease carrying and criminal populations of other countries.
It was March of 2019 when an ongoing invasion of America’s borders swelled to tens of thousands a month, not a shot was fired to defend the borders of the United States, and America’s domestic enemies, socialists, communists and anarchists in Congress, pushed forward with their attempt to embrace the invasion in hopes of conquering a prosperous and freedom loving people.