We knew it was coming, although some of us hoped it wouldn’t come to this: President Trump declared a National Emergency this morning in order to build the wall. He is expected to be able to free up about $8 Billion to finish the remainder of the border barrier. Congress gave him just shy of $1.4 Billion to only take care of 55 miles, and had numerous restrictions. So he bypassed them.
The “deal” from Congress didn’t contain just a little bit of money for the barrier. It had wording preventing the President from moving funding around to build the wall. It is that wording which likely contributed to this declaration.
The National Emergency Powers
The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. National Emergency Powers
Because he is declaring the emergency, it will be reviewed by the Judiciary branch and will end up at the Supreme Court. That’s not counting if the Congress in both houses passes a resolution against his action. If that happens, and he vetoes that resolution, it could split the Republican party. However, such a resolution requires a 2/3 majority, which is unlikely.
Most liberal media say that the National Emergency is based on “false pretenses” which is not true.
The elements of a national emergency: 1) An emergency is sudden, unforeseen, and of unknown duration. 2) An emergency is dangerous and threatening to life and well-being. 3) An emergency requires ‘immediate’ action, although that action, as in this case, may be handled slightly differently than usual.
The constant migrant caravans that are organized by outsiders – no, they are not spontaneous – could be considered the “emergency” to build the wall. They have overwhelmed our border agents, brought diseases which threaten our citizens, overwhelmed American resources, and created an untenable problem at the border. Whether or not the courts will see it that way is a tossup.
I stand firmly behind President Trump’s decision to use executive powers to build the wall-barriers we desperately need.https://t.co/E2OvdT7pNo— Lindsey Graham (@LindseyGrahamSC) February 15, 2019
The President believes he is on secure legal footing to do this, as many other Presidents have done. Only because his name is Donald J. Trump are people complaining.
The New York Daily News reported,
“The 2006 Secure Fence Act, for example, commands the executive branch to “take all actions…necessary and appropriate to achieve and maintain operational control over the entire international land and maritime borders of the United States…,” specifically including physical barriers.
The Immigration and Nationality Act grants the President the authority to “suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”…
…Every administration since Jimmy Carter’s has invoked the NEA repeatedly. In fact, 31 “national emergencies” are in force today, including three that President Trump himself initiated without major controversy.
It would be absurd to argue that this President has authority to declare a national emergency over human rights abuses in Nicaragua, but not in response to the ongoing humanitarian and security crisis of human trafficking, drug importation, and unchecked illegal immigration on our own border.”