Posted on 01/27/2019 5:31:55 PM PST by Kaslin
With the government shutdown temporarily behind us, President Trump is essentially back to where he was in December. The government is open but will run out of funding again in a matter of weeks. He wants the wall/barrier built on the southern border but faces a new Democratic majority in the House that sees granting his request as a political implosion and doesn’t appear ready to give him more than a dollar. So are we doomed to another shutdown after February 15? According to the President, not necessarily. He’s indicating that he may be switching back to his previous position and planning to just declare a national emergency to arrange the funding and get wall construction underway. (Washington Times)
President Trump repeated his vow Friday to declare a national emergency on the southern border if Democrats refuse to grant his request for border wall funding over the next three weeks.
“We’ll work with the Democrats and negotiate and if we can’t do that, then obviously we’ll do the emergency, because that’s what it is,” Mr. Trump told reporters at the White House. “It’s a national emergency.”
The president had appeared close to declaring an emergency at the border several weeks ago during the partial government shutdown. But he backed off the threat, saying it was likely to get tied up in court and he wanted to give Congress a chance to address his border security priorities.
Look, I want the wall built as much as the next person. (Provided the next person actually cares about border security and reducing illegal immigration.) Whether it’s a concrete wall, steel slats or a mountain of concertina wire, provided it initially covers the sections of the border where most illegal aliens sneak across, I’ll be a supporter. This is a project we’re capable of doing and it has the potential to make a substantial difference.
With all of that said, there’s something highly disturbing about the President’s threats to invoke a national emergency just to go around a recalcitrant Congress. We can argue all day about whether or not illegal immigration constitutes a National Emergency if you like. It’s an ambiguous term at best and is traditionally left to the opinion of the president as to what qualifies. There’s clearly an argument that our porous border could qualify.
The first of my two main arguments against Trump taking this path is the way he undermines his own argument and calls the seriousness of his opinion into question by playing this on again, off again gambit. Either the illegal immigration problem at the border is a national emergency or it isn’t. It can’t just be a national emergency if he doesn’t get the construction money he wants. If he’s examined the situation and determined that it meets the definition of a national emergency, just declare it now, let opponents of the plan challenge it in court and let the chips fall where they may. That’s probably what he should have done in December to begin with.
The second aspect of this that gives me pause is that declaring a national emergency at the border will lower the bar as to what qualifies as a national emergency. Others have brought this up before, but it bears repeating. What if President Kamala Harris (God forbid) or some other Democrat decides that gun violence is a national emergency and starts summarily confiscating guns? Perhaps climate change will be the next national emergency. Or the lack of integrated bathroom facilities for transgender Shih Tzus at dog kennels. Where does it stop?
I generally try to avoid slippery slope arguments, but the potential disasters waiting down the line from this one seem obvious. Surely there are some other clever ways to obtain construction funding than this.
Doesn’t matter, a judge will strike it down.
Nonsense, cancer is an emergency. First try one treatment, if that doesn’t fix, try another. Multiple ways to attack doesn’t mean it isn’t an emergency the whole time.
Umm, first Democrats have a little thing to handle in California - CalFresh - the ‘agency’ that distributes ‘food stamps’ (read EBT) benefits in California, decided to distribute funds early for February. Many have already used all their benefits. They have nothing for February. It is of course the government’s problem to fix...
Nancy, they know where you live.
“What if President Kamala Harris (God forbid) or some other Democrat decides that gun violence is a national emergency and starts summarily confiscating guns?”
The consequence of such action would be a grave mistake.
Measles outbreak in Washington could help with emergency argument
Anything that requires action in all of the counties and parishes in the country often requires to cooperation of the sheriff. Sheriffs have gone on record from time to time stating they will not enforce certain laws. The feds don’t have enough personnel to effect mass seizures across the country.
One other point. The local game warden would not go into one local area. He already experienced a near miss. He lived to retire.
Clinton declared at least 13 in his 8 years... most were recurring declarations... They were premised upon problems with Iran (every year since 1979), Libya (since 1986), Iraq (since 1990), Yugoslavia (since 1992), proliferation of weapons of mass destruction (since 1993), UNITA (Angolan anti-communists, since 1993), Middle East terrorism (since 1995), Colombian drug dealers (since 1995), Cuba (since 1996), Burma (since 1997), and Sudan (since 1997). Even the expiration of a statute, the Export Administration Act of 1979, caused President Clinton to declare and renew a state of national emergency every year from 94-99.
The 13th, inspired by conditions in Haiti, was in force from 1992 until revoked in 1994.
It’s ALREADY a national emergency, Jazz you idiot.
I am sick to death of the selfish, self centered people who don’t think it’s an emergency.
When the twin towers were hit, the country didn’t think twice. We went to war, it was an emergency. When there are floods, fire, hurricanes, tornados the country opened their hearts and wallets....because it was an emergency. Now we need help and those Whitney SOBs say “we don’t want a wall”. OK, but don’t think we won’t remember that you didn’t care what we go through.
It will be in effect for about 15 seconds before the 9th circuit tosses an injunction that way.
President Trump has declared three emergencies during his time in office, dealing with human rights abuses (December 20, 2017), sanctioning those attempting to interfere in U.S. elections (September 12, 2018), and – like Reagan – one dealing with Nicaragua (November 27, 2018).
Congress enacted the National Emergencies Act on September 14, 1976, two months before Jimmy Carter was elected president. Since that time and beginning with Carter, presidents have declared 58 states of emergency. 31 are currently in effect. The Wall would merely be #32.
WRONG....this will be about communicable diseases, and will be bullet-proof.
Agreed. I'm sure President Trump has his finest minds working on this. I suspect he has told them to concentrate on finding a way that can't be stopped by a judge.
Who knows, maybe there is.
“What if President Kamala Harris (God forbid) or some other Democrat decides that gun violence is a national emergency and starts summarily confiscating guns? “
That is exactly what could happen.
“Through the insidious yet steady encroachment of “emergency powers” the government has now achieved the ability to rule the people by statute or decree, without the vote or the consent of the ruled. Through a maze of political maneuvers, the emergency powers granted to President Roosevelt in 1933 to deal with an economic depression have become part of the US Code as permanent everyday powers.” - source: “Constitution Fact or Fiction” -Dr. Eugene Schroder.
Senate Report 93-549 (1973):
Since March 9, 1933, the United States has been in a state of declared national emergency...A majority of the people of the United States have lived all their lives under emergency rule. for 40 years (written in 1973) freedoms and governmental procedures guaranteed by the constitution have, in varying degrees been abridged by laws brought into force by states of National emergency. In the United States, actions taken by government in times of great crisis have...in important ways shaped the present phenomenon of a permanent state of National emergency”.
“These proclamations give force to 470 provisions of federal law. These hundreds of statutes delegate to the President extraordinary powers, ordinarily exercised by Congress, which affect the lives of American citizens in a host of all-encompassing manners. This vast range of powers taken together, confer enough authority to rule this country without reference to normal constitutional process.
It should be worthy of debate.
See 17
What I hear from many is the border is not their problem because they don’t live here so they don’t want their tax money spent here. Very few people live here in remote areas where smugglers and criminals pass through the desert. I know our voices are small and our votes don’t really matter but I see us as the canary in the coal mine. Warning of the dangers but most are not paying attention.
I guess those people think all the problems that cross this border stay right here at the border; all the drugs, people being trafficked for sex and work, ETC... What I call stunningly stupid. The problems at the border don’t stay here, they travel through here to every part of the country. They cost every single American money every single day. They kill people all over the country. They are a constant drain on social services, education, healthcare, law enforcement, courts, jails...on and on...
To be honest those of us who live here have been dealing with border issues for a long, long time. We can continue to do so. What galls most of us is the damage being done to our country and to our people. So it seems we are more concerned about our country and people who live all over this country than many Americans are about us or themselves.
The cartels control the Mexican side of the entire border. They at least partly control some places on our side of the border now. If we don’t control our border they will. It is that simple.
We have all sorts of national emergencies and presidents routinely extend them, and their predecessors emergencies.
We have had them for much less and much more abstract nebulous things than actually securing the border, something fedgov is actually required to do.
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