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Trump can declare a national emergency to build his wall — and that should scare us
Congress has given the president far too much power to declare emergencies
Denied, at least for now, congressional approval for his promised border wall, President Trump has asserted he has “the absolute right” to declare a national emergency, threatening to build the wall by executive fiat. And while the courts will need to sort out whether he can use these powers to work around Congress’s power of the purse, Trump is right that he has immense authority to do just this sort of thing — and Congress is to blame.
The Supreme Court is also partially responsible for neutering the National Emergencies Act. In a 1983 case, the court ruled that a congressional resolution could not override an emergency declaration without the president’s signature. The need to overcome an inevitable veto forces Congress to muster a two-thirds vote in both houses should it ever try to claw its power back under the terms of the National Emergencies Act.
Like the War Powers Resolution, Congress intended this legislation to check the president, but it has had the opposite effect. Most Americans are probably unaware that the United States has lived under a national emergency since the 1979 Iran hostage crisis. Nor has Congress ceased delegating the president substantial emergency powers; a recent Brennan Center for Justice study found 136 emergency statutes, some of which could redirect Defense Department funds and expedite military construction for the wall.
If WaPo vermin are scared, excellent!
There have been 58 National emergencies since 1976:
Carter 2
Reagan 6
GHWB 5
Clinton 17
GWB 13
Ohumma 12
Trump 3
30 still active
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I fail to see how the courts have a role in this matter. Judges are not briefed on national security, have no classified access to intel, no security advisors - NOR security clearance in many cases, to receive the Intel to form an expert opinion.
Since the Congress has repeatedly passed legislation bearing on this issue and thus made their intent clear, I don't think the courts have any authority under the Constitution to interfere in these matters. Let the Congress pass a law limiting executive authority of they so wish.
We all know how this will procede; a 9th Circus judge will rule that DJT cannot execute executive power in this instance and we will have to await SCOTUS to decide. Drugs, gangs, children, human traffickers will flood our country in the interim. As Rush says, in the end POTUS will prevail.