For Trump, though, choosing to declare a national emergency would likely trigger a law from Congress finding his declaration invalid, lawsuits challenging its legality, or both.
The form includes the troublesome phrase that it "will not be copied or distributed for improper use, nor sold to third parties for personal benefit". It fails to define the terms "improper use" and "third parties" let alone provide a legal definition of "personal benefit," thus making the declaration invalid.
With sufficient evidence that Trump is acting in bad faith — that he is abusing the discretion Congress granted him for the purpose of subverting constitutional constraints, including the prohibition on spending funds that Congress has not appropriated — a judge could still find that the emergency declaration is invalid.
The will was declared invalid.
Two votes were declared invalid.
The High Court of Australia handed down its M70 decision in August 2011 and in that judgement declared Malaysia invalid as a destination for asylum processing despite the Minister for Immigration and Citizenship's declaration.
They employed the same argument last night, saying that the constitutional declaration was "null and invalid".
Now that the Senate has joined the House in rejecting Trump's emergency declaration, his declaration would be invalid — if not for a 1983 Supreme Court decision that destroyed the careful scheme Congress had designed for deciding whether emergency powers should be unleashed.
In a speech at the Organization of American States, notoriously reluctant to support what it sees as U.S. aggression, Pompeo drew applause Thursday when he declared Maduro's government "illegitimate" and "all of its declarations and actions illegitimate and invalid". The United States, Pompeo said, "stands solidly behind" Guaidó.
Meanwhile, the dispute caught the attention of the Texas Attorney General, Jim Mattox, who brought a lawsuit in Federal District Court in Austin seeking a declaration that West's copyright was invalid.
Some years later, petitioner Ostrer, along with medical patients, advocacy groups, and other doctors, filed this lawsuit seeking a declaration that Myriad's patents are invalid under 35 U.S.C. § 101.
