When it comes to matters of foreign policy and national security, courts have been hesitant to challenge the judgment of the president, says Jeff Bialos, a partner at Eversheds Sutherland who was a Pentagon and State Department official during the Clinton administration. The executive branch, with entire departments dedicated to these fields, has expertise and knowledge that earns it a lot of deference.
In the laws that grant emergency authorities, “the president is given the authority to determine whether an emergency exists, and that’s a judgment that typically is not to be second-guessed,” he said.
In real terms, this can translate into the president declaring an emergency as he sees fit, and anyone who objects is stuck litigating after the fact. Just as it’s better to beg for forgiveness than to ask for permission, the president gets the benefit of the doubt when deciding what constitutes a national emergency.
The sale of precision-guided munitions to Saudi Arabia has been particularly controversial in recent years because those particular American weapons are used to perpetuate the war in Yemen, including the targeting of civilians, said Rachel Stohl, vice president for conventional defense at the Stimson Center, a Washington, D.C.-based think tank.
Congress was well-aware of Iran’s problematic conduct in the region when it voted to end U.S. military involvement in Yemen, where Iran and Saudi Arabia remain engaged in a proxy war, she said. To suddenly call it an emergency was a stretch.
"many" - Google News
June 08, 2020 at 09:36PM
https://ift.tt/3cKyNuo
Common Defense: Too many emergencies - Roll Call
"many" - Google News
https://ift.tt/2OYUfnl
https://ift.tt/3f9EULr
No comments:
Post a Comment