Posts Tagged ‘Southern Border Wall’

President Trump invokes power of a dictator

February 18, 2019

President Donald Trump, having failed to persuade Congress to appropriate a full $5.7 billion for his border wall, has said he’ll declare a national emergency and take the money from Department of Defense funds.

The thing is, he doesn’t even pretend there is any emergency involved.

I could do the wall over a longer period of time.  I didn’t need to do this.  But I’d rather do it much faster.  And I don’t have to do it for the election.  I ’ve already done a lot of wall for the election. 2020.  And the only reason we’re up here talking about this is because of the election—because they want to try to win an election, which it looks like they’re not going to be able to do.

If a President can simply declare a national emergency and override the will of Congress, what power does he lack to make himself a dictator?

President Trump did not give himself these emergency powers, and he is not the first one to use them or abuse them, but none before him have been so blatant about the lack of justification for using these powers.

Our Constitution sets up a form of government with three branches of government with separate powers—the legislative, executive and judiciary—with the idea that each would check and balance the power of the others.

The problem with this is that separation of powers means separation of responsibility.  The path of least resistance for Congress is to abdicate responsibility to the President.

It’s true that Congress is not entirely to blame in this case.  The original law that President Trump invoked allowed Congress to veto an emergency declaration by a majority vote of the Senate and the House of Representations.  The Supreme Court ruled that unconstitutional; it said the two-thirds votes are required not only to overturn vetoes of legislation, but to overturn any Presidential action.

Even so, it is Congress that over the years has given Presidents the powers of dictators, and it is the responsibility of Congress to take these powers back.  No member of Congress who declares themselves a part of the “resistance” to President Trump can be taken seriously if they continue to allow him the powers of a dictator.

LINKS

Republic’s End: Trump’s Border Wall by Ian Welsh.

A Fishy Emergency Threatens the Republic by Doug Muder for The Weekly Sift.

Trump’s dictator move is the real emergency—and we handed him the keys by Will Bunch for the Philadelphia Inquirer.

What Is and Isn’t a Big Deal in Trump’s Executive Actions Related to the Border by Jack Goldsmith for Lawfare.

Top Democrats once voted for a border fence

January 14, 2019

This photo, published in 2011, shows a section of the border barrier built under the Secure Fence Act of 2006.

In the debate over a southern border wall, we might remember that 650 miles of “fence” already has been built along the border with Mexico, and many top Democrats voted to authorize it.

The barrier was built under the Secure Fencing Act of 2006, which was proposed by President George W. Bush and supported by a majority of Democrats, including Senators Barack Obama, Hillary Clinton, Chuck Schumer, Joe Biden and Dianne Feinstein, and also by then-Rep. Sherrod Brown.

Admittedly there’s a difference between a wall and a fence—although what President Trump means by a wall isn’t completely clear.

And, to be sure, some Democrats opposed the 2006 law, including Rps. Bernie Sanders and Nancy Pelosi and Senators Ted Kennedy, Harry Reid and John Kerry.

Even so, with this history, it’s hard for me to see why the Democratic leadership chose this particular issue to go to the wall over (so to speak).

The bill was part of a package that included a path to citizenship for unauthorized immigrants already in the United States and stricter controls on new unauthorized immigration, including the border fence.

In 2011, President Obama declared the fence had been completed, but his opponents claimed the result wasn’t what Congress intended.

The original bill called for a double row of fencing, but it also gave the Secretary of Homeland Security authority to choose alternatives if deemed more suitable for the location.  Only 36 miles were built as double fencing.  Federal officials said the fence includes 299 miles of vehicle barriers and 350 miles of pedestrian fence.

The U.S.-Mexican border in its entirety is about 1,950 miles long.

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