The mechanisms of "national emergency" and the IEEPA are both products of congressional oversight. If they didn't want him to be able to do that, they could repeal the IEEPA. Of course, this is pretty silly: if they put this executive order to a vote in the House, the only flak Obama would get is that he is not also bombing China.
A national emergency declaration doesn't sidestep Congressional oversight; in many cases, its a required condition of exercising powers granted by Congress. An executive action that includes or is supported by a national emergency declaration is no less subject to oversight by Congress than any other executive action.
tptacek|11 years ago
dragonwriter|11 years ago