The “dye had been cast,” months ago that Democrats would willfully impede the President’s efforts in securing our pours border, and force the President to reluctantly use his authority under the Constitution and declare a “national emergency” in order to reclaim our sovereignty as a viable nation.
The executive order immediately frees up approximately 8 billion dollars from various government agencies to build the wall.
Trump’s announcement Tuesday signaling his plan to sign the lopsided security package that avoids a government shutdown and allocates a paltry sum of just $1.4 billion for border wall funding, far less than the $5.7 billion the President wanted, illustrates the political divide between House Democrats and the President.
That meager sum would perhaps add 50-miles of additional border wall, far less then the 200 miles border agents had recommended to the bipartisan committee, which apparently decided to ignore their advice, and instead allowed partisan politics to dictate the funding, to the delight of progressive Democrats, who saw this as an opportunity to embarrass the President politically.
The announcement reiterating the President’s plan in declaring a “national emergency” came from Mick Mulvaney, the President’s Chief of Staff.
Which immediately drew a response from both House Speaker Nancy Pelosi, D-Calif., and Senate Minority Leader Chuck Schumer, D-N.Y., declaring the President’s action would be “a lawless act, a gross abuse of the power of the presidency and a desperate attempt to distract” from Trump’s failure to force Mexico to pay for the wall, as he’s promised for years.
The security package that the President will sign Friday passed 83-16 in the Senate and later 300-128 in the House.
Once the bill is signed, the President will immediately declare a “national emergency” by signing an executive order.
At which point the President can begin moving funds around. Mulvaney outlined the departments affected; $600 million will come from the Treasury, $2.5 billion from the Department of Defense, and another $3.5 billion from the military construction budget, plus the $1.3 billion already budgeted and the additional $1.4 billion within the security package.
The President also has other options under the Immigration and Nationality Act, the President can declare an “immigration emergency,” which is defined as when an “actual or imminent influx of aliens which either is of such magnitude or exhibits such other characteristics that effective administration of the immigration laws of the United States is beyond the existing capabilities.” However, the emergency funds allotted would total only 20 million dollars
Asked if the White House is afraid of legal challenges, Sarah Sanders the White House press secretary said, “We are very prepared, but there shouldn’t be. The President is doing his job, and Congress should do theirs.”
However, there is some legal precedent set by the 1953 Supreme Court case Youngstown v. Sawyer. The court prevented President Harry Truman from nationalizing America’s steel mills during the Korean War. Truman attempted to use his powers as the Commander-in-Chief.
In an op-ed piece by Yale law professor Bruce Ackerman in the New York Times, the professor cited the Youngstown v. Sawyer ruling saying; “The decision imposed fundamental constitutional limits on the president’s power to claim that a national emergency, in this case, the Korean War, allowed him to override express provisions preventing him from using those powers domestically.”
There are currently 30 “national emergencies” instituted by President’s Carter, Reagan, both Bush’s, Obama and Trump, the longest still in effect was issued by former President Jimmy Carter back in 1979.