Trump Border Emergency Proclamation: There is no constitutional crisis and Trump is likely to win

Le·gal In·sur·rec·tion | 2/17/2019 | William A. Jacobson
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The hysteria over Donald Trump’s National Emergency Proclamation with regard to the Mexican border is peak stupid even by the standards of the times, in which almost everything Trump does is portrayed with cataclysmic predictions.

This time around, it’s not just the usual Democrat and media suspects, but also some Republican Senators who worry that Trump is setting a precedent for a future Democrat president to use the National Emergencies Act to spend money for climate change or other perceived liberal emergencies.

Conservatives - Trump - Separation - Powers - Constitution

Other conservatives claim Trump is violating the separation of powers in the Constitution, and usurping the role of Congress in authorizing spending. Chris Wallace, interviewing Rush Limbaugh, suggested that Trump’s National Emergency Proclamation was the equivalent of Obama’s DACA and other immigration unilateral action and that if you condemned Obama, you can’t justify what Trump is doing.

We’re told it’s “a contemptuous document. It’s the proclamation of a monarch,” a “dictator move” that is “forcing a constitutional crisis” and “the damage to the constitution is likely to last for generations.” As if that wasn’t enough, it’s a “threat to the rule of law” and “an attack on democracy.”

Reality - Trump - Emergency - Proclamation - Portrayed

The reality of the Trump emergency proclamation is quite different than as portrayed. Trump is using a statute Congress passed, the National Emergencies Act, which provides that the president can declare an emergency (which is not defined in the statute). There are currently 31 active National Emergencies, and 58 national emergencies have been declared, most of which don’t sound like “national emergencies” in any real sense.

The National Emergencies Act enables the president, among other things, to spend money already authorized by Congress under statutes that provide for use of such funds when a national emergency is declared.

Analysis - Lawfare - Blog - Scott - Anderson

A politically neutral analysis at the Lawfare Blog by Scott Anderson and Margaret Taylor explains how the use...
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