The Justice Department Argues Congress Can't Sue The Trump Administration At All
challenging Trump's plans are pending in several courts. The House isn't challenging the lawfulness of Trump's declaration of a national emergency, but rather the specific use of funds from various sources for border wall construction. They argue the administration's plan violates the Appropriations Clause and runs afoul of Congress's authority to decide how federal money is spent.
Douglas Letter, general counsel to the House of Representatives, argued there was clear precedent supporting the role of the courts in stepping in to resolve fights between the other two branches. He argued the Constitution did contemplate one branch suing another when it made clear that the executive branch couldn't sue Congress over legislative decision-making.
Responding to the Justice Department's argument that Congress had other ways of opposing the executive branch without going to court — for instance, holding hearings or passing legislation explicitly preventing Trump from using funds for this purpose — Letter said Congress did what it was supposed to when it denied the bulk of Trump's request for billions of dollars for border construction.
If Congress could sue the executive branch when it wasn't happy with what the administration was doing, that opened the door to other types of interbranch litigation, Burnham argued. He said it was absurd to imagine the judiciary suing another branch for removing its authority, and that same logic should apply to Congress suing the executive branch.
Letter also argued that the border construction projects didn't qualify as the kind of"unforeseen" military requirements that fell under the laws cited by the administration — Trump had been talking about wanting to build a wall since he was a candidate. McFadden asked if it was still"unforeseen" as a military project, as opposed to serving a civilian purpose through the Department of Homeland Security.
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