America's 'national emergency' is Trump's dictatorial perversion of the law

A section of the border fence in Naco Arizona being replaces with modern barriers

Hurd, whose district includes more than 800 miles of border, said building a wall would hurt farmers and ranchers by taking their private property and suggested exploring others options, including technology and increasing the pay of Border Patrol agents, as ways to stop immigrants from illegally cross the border.

After failing to secure the requested funding for hundreds of miles for a border wall, President Donald Trump on Friday declared a national emergency, raising numerous constitutional authority questions as well as potentially creating a precedent for the executive branch's power to unilaterally achieve a policy goal. "Because the emergency declaration is unlawful, the President lacks statutory authority to direct the spending of funds for that objective; the expenditure of monies from the United States Treasury for a border wall for which Congress has refused to appropriate funds violates Article I of the Constitution".

Under a 1976 law, Trump's emergency powers could allow him to redirect money appropriated by Congress to build the wall, but the Democrats have said they will not let that happen.

Several Republican senators have decried the emergency declaration, saying it establishes a unsafe precedent and amounts to executive overreach. Even if the resolution passes, however, Trump will veto it and there will not be a two-thirds majority to override the veto in either house of Congress.

"I could do the wall over a longer period of time", Trump said then.

"If we give away, surrender the power of the purse, our most important power, there will be little check and no balance left", says Rep. Adam Schiff, (D) California.

The Department of Homeland Security itself has said to the president that it is more hard to cross into the our land borders than it has been in a long time.

Only twice before have presidents declared national emergencies to move money around within the government without Congressional approval. Trump ally Jim Jordan told ABC that he believes there are enough GOP votes to prevent the supermajorities required to override a veto.

The Trump administration intends to use the emergency powers invoked by the president on Friday to begin construction of a border wall as quickly as possible, White House officials said over the weekend.

The emergency declaration will stabilize Trump's support with his base in the short term, but over the longer term he will very likely be blocked in the courts, Jillson said.

On February 6, Lujan Grisham condemned a "charade of border fear-mongering" by Trump, as she ordered the withdrawal of the majority of troops stationed at her state's border. Becerra told ABC's "This Week with George Stephanoplous" that the state is "ready to go" with legal action and is expecting to be joined by numerous other state partners.

"You don't know what you don't know, and you don't catch what you don't catch", Miller said. "Again, where's the emergency, the national emergency to build a wall?"

Cecillia Wang, the group's deputy legal director, argued that the number of border crossings is down from previous years and that Trump has been denying people who are trying to legally seek asylum.

Becerra pointed to that comment Trump made in the White House Rose Garden as showing the declaration was unwarranted.

The response of the corporate media to the declaration of a national emergency has been a combination of complacency and indifference. By their inaction, they forced President Trump to use a power of last resort that has been delegated to him by Congress. And we will then be sued, and they will sue us in the 9th Circuit, even though it shouldn't be there.

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