President Trump, Congress, Jackson Jackson discussed on Overnight re-air of day's programming

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One of those things that he describes in his third category of disputes justiciable category. Because as you pointed out the president is directly disobeying what the congress has legislated. Okay. Mr. attorney, Stuart Gerson and congressman Jeremy Raskin. I think that the staff is part of the fun. They had it for Stewart share the same Mike as he is he argues against legislative standing it took everything I could not the push the button. Jonathan Turley I strongly disagree with Stewart about his objections legislative standing, but we can put that aside. What I would encourage the the committee to consider is that there's no need to use. That concern. I have is that there's been a long suspicion that judges go to standing where they don't want to deal with a tough question. And so if you use legislative standing on this issue you risk for judge avoiding these difficult questions just saying, you know, what I've come to different conclusions. You don't have standing, and you don't have to take that risk because you've got people who are Abeille arguing this. But the one thing I have to disagree with. And I see this with great respect because you're my ideal of a law, professor article one authority. What's up? Minor part of it. But yeah. I would disagree with you. This is not Youngstown. The in Youngstown Hugo black said there is no statute underlying the exercise of thority. There is a statute here. You gave them a statute and John Jackson's first category would certainly not the most recent legislative pronouncement on the issue. We had a very specific answer as to the request for money for the wall. And president was clear about that. We were clear about that. I mean, there's no, but that's not the same thing. Just because you did not grant and appropriation is not the same as an authorization of authority, which you gave to the president. And this is the first category. Under Jackson Jackson says that if there's an underlying statute, the president has been overridden by more recent statement, by congress, I don't think so I don't think statutes are overwritten by statements of any kind using decided how much money to give the president that doesn't speak very loudly to some amendment of. I'm going to have to go back to you one very quick question. Would you agree that? Would you agree that congress should use his power under the current statutory framework to say that there's no emergency and to override the president? Yes. I love congress standing up for its authority. Thank you very much. You're back. You're welcome. Mr. asking next we'll recognize Mr. Goodlatte successor. Mr. Klein, thank you. Mr. Chairman. I want to continue that line. So Mr. Turley in the absence of a positive act to prohibit are we to infer congress? Not providing the money that the president requested that there is a statutory prohibition. Therefore to any action to provide money for said, well work that way, it's like Woody Allen saying I wish I had a positive thing to say, let me give you two negatives. I it doesn't work that way that is you have a positive grant of authority under the NEA. Your decisions that are appropriations are informed by various issues of how much money you wanna give under what circumstances how you're going to tie the money accord is not going to use that as a constructive amendment of the national emergencies act. It's just not gonna do that. And so what you have is what Jackson described is the first category where a president authorities virtually unassailable grant of thority by the congress to the president that he's using and you can disagree with the decision that he's making you gave him that authority. You've the ability to rescind the emergency and accord is not going to do that for you. And I want to drill down. Well, I'll get you in a minute. Go team. The Republican Ben Cline Virginia. It was created by congress in one thousand nine hundred eighty six. Congress had enacted over four hundred seventy statutes by nineteen Seventy-three. And so what we're doing is. We're allowing under the statute using appropriated funds.

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