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On Friday afternoon, Lord Island's federal judge had temporarily prevented President Donald Trump trying to simply stop the domestic federal expenditure. John McConel Junior Supreme Court, who issued an order, is the second federal judge to do so.
McConnel's order is not only a second court order between Trump White House and its proposed expenditure, but also who is listing McConel to justify his decision: by Trump. Judge Brett Kabanau, a Republican member appointed as the Supreme Court, is his first term. The quote suggests that Trump's efforts could be unconstitutional in front of the Supreme Court.
Immediately after taking office this month, Trump issued a series of presidential orders to reduce or end the expenditure to various issues called diversity programs and Trump from foreign aid. On Tuesday, the White House Management Budget Office (OMB) issued a memo for the purpose of implementing these presidential orders.
According to the OMB memo, which was canceled on Wednesday following the political rebound of a bipartisan, the federal agencies could “all activities related to all federal financial support or payment, and the presidential order. This memo is no longer valid, but the presidential order is still valid.
The theory that the president can simply cut off the federal spending assigned by Congress has been known as a “water storage”, and has long been regarded as unconstitutional by judges and lawyers of the entire political spectrum.
Nevertheless, the current Supreme Court has a majority of 6-3 Republican Party. And all six Republicans have determined in the summer that Trump has a wide range of prosecutions for crimes committed using the power of presidential positions. Therefore, it is not clear whether these Republican justice follows consensus views.
However, McConnel's order was quoted from the 2013 opinion by Federal Appeal Judge Cabanort. This refused to think of water and quoted a 1969 Ministry of Justice's memo. It is difficult to formulate a constitutional theory to justify to comply with the president's command. “
According to Kavanaugh's opinion, the parliament was assigned by Congress, saying, “Even the president has no one -sided authority to refuse spending.”
Meanwhile, Secretary John Roberts, another member of the Supreme Court Republican Republican Party, expressed a similar view when he was a lawyer working in Reagan White House. In a 1985 memo, Roberts wrote that it was “clear” that the president's “normal situation” cannot impose funds. Roberts added, “There is no more clearly than the state of Congress than the power of a wallet.”
Of course, Roberts and Kabannows may have changed their opinions on this topic. They want to help the Republican president, so they can ignore their own beliefs about the law. However, assuming that both justice is heading for their past views, it suggests that if this case reaches the Supreme Court, there are at least 5 votes in the Supreme Court for Trump's efforts: Roberts. , Kabannow, and three Democratic justice.
And in the five Supreme Court, Trump's water storage plan will be unconstitutional.
