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Originally Posted by synth_floyd
Actually I can see the SCOTUS or whoever ruling in favor of Trump on the emergency. Congress gave the president the power to declare emergencies based on an extremely vague set of guidelines. If congress is unhappy with that, they should repeal or change the law.
Harry Truman tried to head off an imminent strike by the steel industry by calling a national emergency. Under that emergency, the government could nationalize the steel industry and force them back to work. Truman claimed that it was necessary for them to work as national defense would be weakened without steel being produced. This attempt at seizing private steel companies was declared unconstitutional in a 6-3 vote.
The rules for national emergency might be vague but there is precedent for stopping them if they are being exploited in order to perform unconstitutional actions.