The country avoided another government shutdown with hours to go. The last shutdown lasted thirty-five days, the longest in history and it was all for nothing.
The fact is President Trump was offered less in this round of negotiations than he was in December, so what does the President do? He declares a non-existent national emergency.
Later today, President Trump will declare the border wall a “national emergency” under the National Emergencies Act of 1976 in order to obtain funding from other sources.
From the beginning, I called this “crazy talk” but said don’t put it past President Trump to actually try this. Is he right in doing so? Absolutely not!
This is to satisfy his base and try to keep his promise on the border wall. I call it a wall because Trump still does, but when he feels like it, he calls it steel slats, border security, peaches, you name it.
Related Post:President Trump’s Crazy National Emergency Talk
It should be noted that one reason Democrats did not want to provide additional funding for a wall or barrier was because the monies initially approved were never used.
But besides all that, as I’ve written time and time again, there will never be a wall from “sea to shining sea,” a statement that President Trump, supporters, and Republicans are now denying was ever said. That’s bull####! It was said an endless amount of times.
The problems with declaring the wall a national emergency are endless, but start with the most important part: the land.
President Trump is running before he can walk. He doesn’t have the land to build the wall. That land belongs to private landowners, some of them extremely wealthy who use the land as private retreats, and the state of Texas.
Even with the power of eminent domain, these issues need to get resolved in court, and that litigation will take years.
Just look at the National Butterfly Center as an example that this week filed a temporary restraining order against the Trump administration. They are going two years on that case and nothing has been accomplished.
In addition, the second President Trump declares a “national emergency,” I can tell you by the end of the day multiple lawsuits will be filed. In essence, shutting down the “national emergency.” This will get nowhere fast!
Every city, municipality, state and individual will file lawsuits and seek temporary restraining orders until litigation is finalized. When will that be? Years from now!
And another thing to consider: Republicans don’t want this either. Why? As I’ve said before and we say in my business, you are opening the flood gates.
If in 2020 there is a Democrat in the White House, guess what? Gun control is now a national emergency. While we are at it, so is DACA. You think Republicans want that? But what is good for the goose…
The best part as to why the border wall is not a “national emergency” is that most illegal immigration and drugs comes through legal ports of entry.
There is no risk to the defense of our nation which is basically the intent of the National Emergency Act of 1976 or a catastrophe such as flood, hurricanes, and/or tornadoes. So the most basic question a judge will ask is how is this a national emergency when the act of declaring one doesn’t even prevent what you are trying to stop in the first place?
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Alexander Hernandez is a practicing attorney since 1999 who enjoys blogging about politics when he is not riding his motorcycles or playing golf. He is also an Amazon best selling author.