Why President Trump Can And Should Declare A National Emergency At Our Southern Border (Part I)

Big League Politics ^ | January 9, 2019 | Jonathon A Moseley

[Moseley]

President Donald Trump should use the U.S. military to build the border wall along the United States’ international line with Mexico by declaring a national emergency, according to conservative analysts and commentators, supporters of President Donald Trump, and evidently off-the-record leaks from Trump Administration officials.

Many speculated whether President Trump would use his first-ever address to the nation from the Oval Office to declare that emergency. However, good political observation would suggest that Trump is laying out his case in multiple steps rather than a single shot. Trump’s visit to the border on January 10 is likely to emphasize the dangers of an unprotected frontier, which will be gradually increasing heat on the question of danger to the nation.

Trump did — apparently for the first time — call on the American people to call their Members of Congress at (202) 225-3121. This was a staple of Ronald Reagan’s success in getting a Democrat-dominated U.S. House of Representatives to pass Reagan’s conservative policies. (Hint: Mr. President, you can’t just do that once. Reagan called on his supporters to call Congress again and again and again. Getting the American people to melt down the Capitol switchboard is not a one-off throw-away line. It requires a sustained campaign.)

First, Congress has given a president the power to declare a national emergency in 50 U.S.C. 1621: ” (a) With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register.”

However, these laws allows the Congress to over-turn a president’s declaration of an emergency. But clearly the Republican-controlled U.S. Senate would not join the Democrat-controlled House of Representatives:

[Moseley]

Second,the declaration of an emergency allows the President to reprogram funds in the military budget. See 33 U.S. Code § 2293 “Reprogramming during national emergencies.” Federal funds appropriated by Congress can be “reprogrammed” to a different purpose than originally intended when Congress passed the appropriations bill. It happens all the time. It will happen maybe dozens of times this year as it did last year and the year before that. Usually, these are very minor, even trivial, changes in which funds are applied to nearly-identical purposes due to changing circumstances or the like. (Just as an example, money can’t be spent on a research project because a company goes out of business, so the money is used for the nearest equivalent purpose.)

The rules for reprogramming appropriations are vastly complex depending on the exact wording of particular appropriations bills, the regulations governing each individual department or agency, the nature of the proposed reprogramming of funds, etc. Doing this will require true federal budgeting experts to carefully lay the groundwork and do this meticulously and correctly. It cannot be done with bluster and bravado.

But remember: When Trump signed the highly-controversial (as being excessive) omnibus bill a year ago with $700 billion for military spending, Trump telegraphed at the time — a year ago — that he might re-purpose some of that $700 billion to building a border wall. One has to hope that the Swamp King Mitch McConnell, as the seasoned Majority Leader of the U.S. Senate knew how to massage the wording of that omnibus appropriations to smooth that path.

[TangledUpInBlue]

Because it’s the only card he has left?

[EnglishOnly]

Shut IT DOWN!

Lock it up tight!

Nothing in or out!

[McGavin999]

I think we need to test the strength and durability of the new US Steel mills to see if it can stand up to harsh conditions.

Oh! I know! Let’s bury some upright slats in a concrete base in the middle of various southwestern deserts.

[GoldenPup]

Why President Trump Can And Should Declare A National Emergency At Our Southern Border.

This is going to be Trump’s “No new taxes” moment. If he folds, he can kiss a second term goodbye. No wall...no second term.

[lightman]

I think we need to test the strength and durability of the new US Steel mills to see if it can stand up to harsh conditions.

Oh! I know! Let’s bury some upright slats in a concrete base in the middle of various southwestern deserts.

And then we can test the strength of the independent Texas power grid by juicing her up with 220v.

[Rapscallion]

Declare it and watch the Dems go nuts.

[Rapscallion]

If Trump gets the military to build the wall the democrats get left out and lose both votes and their usual graft.

[Mean Daddy]

Why can’t he declare war? It’s an invasion and people are dying.

[Pelham]

Jay Sekulow, who is on Trump’s personal legal team, has begun chirping about Trump needing ‘Comprehensive Immigration Reform’.

Apparently Jay thinks that Jeb Bush won the Presidency. Or maybe he thinks that No Borders Dubya is still President.

The last thing we voted for is more “amnesty by another name”.

This is terrible advice on Sekulow’s part.

In California we want the millions of illegals who have flooded this state deported. Illegals from all over the
globe, not just Mexico.

What part of “illegal” does Jay Sekulow not understand?

[McGavin999]

That’s an excellent idea. In AZ we can top them with solar panels

[Moseley]

So, it’s SCIENCE !!!!

Pure experimental research.

I love it.

[Moseley]

I posted to the wrong commenter.

I agree with you both...

So, it’s SCIENCE !!!!

Pure experimental research.

I love it.

[McGavin999]

Sure, and of coarse you have to go through the various terrain and weather conditions if you want a true test.