But stay focused on this: Anyone — in Graham-speak, ANYONE — who at any time favors declaring an emergency, or who does not denounce the mere suggestion thereof, thereby abandons constitutional government. Yes, such a declaration would be technically legal. Congress has put on every president’s desk this (to adopt Justice Robert Jackson’s language in his dissent from the Supreme Court’s 1944 Korematsu decision affirming the constitutionality of interning of U.S. citizens and noncitizens of Japanese descent) “loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need.” Or an implausible one. However, an anti-constitutional principle would be affirmed. The principle: Any president can declare an emergency and “repurpose” funds whenever any of his policy preferences that he deems unusually important are actively denied or just ignored by the legislative branch.
Why do they come to Congress, these people such as Graham? These people who, affirmatively or by their complicity of silence, trifle with our constitutional architecture, and exhort the president to eclipse the legislative branch, to which they have no loyalty comparable to their party allegiance?