Take a lesson from the judges: it's illegal for you to cede Congress's powers
510 so far! Help us get to 1,000 signers!
Please take a lesson from the judges:
Congress is in breach of the law when it yields its constitutionally enshrined powers to the President. And this you as a member of Congress have been doing continually since the first illegal EO made by Trump.
Yesterday at the U.S. Court of International Trade, Trump's tariffs were judged to be illegal by three judges (appointees of Trump himself, Reagan, and Obama.)
The judges observed that since Trump took office on January 20, 2025, he "has declared several national emergencies and imposed various tariffs in response.” But the IEEPA has “meaningful limits,” and “an unlimited delegation of tariff authority would be unconstitutional.” The court blocked all the tariffs Trump imposed under the IEEPA.
It stated:
"Congress manifestly is not permitted to abdicate or to transfer to other[s] the essential legislative functions with which it is thus vested."
Consider the many judicial decisions that find Trump's actions illegal (I take the list from Robert Hubbell).
These are all instances of executive overreach and illegal cession by Congress of its powers, especially over appropriations.
Diverse courts have held :
-- that the creation & operation of DOGE and the downsizing & restructuring of several federal agencies was an unconstitutional reorganization of the executive branch that required congressional authorization.
--that the effort to dismantle the Department of Education likely violates the doctrine of separation of powers & the Duty to Take Care Clause of the Constitution.
--that the withholding of funds from USAID is unlawful. The underlying order was granted on the claims that the freeze of funds violated the Appropriations Clause of the Constitution and the Administrative Procedures Act.
GAO opinion [is] that impounding funds appropriated by Congress violates the Impoundment Control Act of 1974.
--that Trump cannot invoke the Alien Enemies Act to deport migrants because there is no “invasion” of the U.S. as required by the Act.
I am counting on you as my representatives in Congress to STOP congress's illegal cession of its powers.
To conclude: I implore you to uphold the authority of the courts, to speak out publicly, vehemently, against Trump's attacks on the courts; to support legislation to transfer to the the courts the authority over US Marshals.
Please demonstrate your support for the rule of law by ensuring that Congress honors the judges many decisions against Trump's overreach and STOPS ceding its powers now. Also do your job to enforce Contempt of Court.
Do Not permit poison pills that limit court authority or undermine checks and balances.
Please reply to let me know that you intend henceforth to respect constitutional order & that you will strive to defend it and support the judiciary.
If you are unable or unwilling to give those assurances I should like to know why.