Archive for the ‘National Emergency’ Category

President Considers Emergency Declaration

Thursday, January 10th, 2019

There are reports that President Trump is considering an emergency declaration to build the wall.  The whole of the DC uni-party establishment is going to obstruct this action by any means possible.  As it becomes more and more evident that the Democrats will not compromise with Trump, never mind yield, I think it’s rapidly becoming apparent that if there is to be a border barrier or wall of any sort, President Trump is going to need to declare an emergency, bring in the Army Corps of Engineers, and build the wall out of funds that already exist for emergency construction projects.  There are tens of billions of dollars available.  It may be time for the President to make war against illegal immigration.  War.  It’s what a plurality of the American people expect, and it is a plurality of Americans, via the electoral college that elects presidents.  Even now, the media is scrambling to figure out a way to ask a poll question that won’t show this fact.  President Trump is winning, and so long as he stands firm, he’ll win.  In stark contrast, the longer Speaker Pelosi(D-CA) and Minority Leader Schumer(D-NY) hang onto this shutdown, stubbornly opposing the will of the people, the bigger their loss is going to be.  The whole truth that the media, including FoxNews, is hiding from you is that Trump’s margin of support is increasing.

There’s an effort to stop any emergency declaration among some DC establishment Republicans.  Your Senators and Representatives still need to hear from you.  If you’re a Texan, you need to call Senator Cornyn(R-TX) and tell him to get off his duff and support the wall.  Do you know why Ted Cruz(R-TX) wasn’t defeated by Robert Francis O’Rourke?  The conservatives of Texas got out there and pushed him through.  Does Cornyn think he’ll get that kind of support when BETO v2.0 come along when he comes up for re-election?  Not a chance.  Conservatives ought to know that this is a chance to really take the measure of their Congressmen and Senators.  Any Republicans who don’t support this critical issue ought to be challenged in their next primary election.

I believe the President should declare an emergency.  I believe he should use existing emergency statutes to take the least amount of property possible from Americans living along the border, and compensate them accordingly.  I think he should use funding that already exists in emergency accounts, and he should bring in the Army Corps of Engineers to build it.  He should bring in Army combat engineers and Navy Seabees to provide the labor.  On the one hand, we’re not building improvised landing strips or beach-heads in any foreign S-holes at the moment, so they need the training.  We can send the 1st Cavalry Division, including all air assets, from Fort Hood, Texas, to provide security and support.

I think President Trump is right about at least one more important factor:  Our military has been shipped all over the globe for the interests of people all over the globe, except Americans, in most cases.  For a change, the military can support the American republic.  Even now, the Pentagon is drawing up contingencies for deploying forces to build the wall.  Meanwhile, the left continues to push the “manufactured crisis” narrative, as CNN fake-Republican Ana Navarro demonstrated her contempt by filing her nails as murders by illegal aliens were being discussed.

I am happy to support President Trump’s efforts on our behalf.  This situation has gone on without any sort of serious response for far too long.  It’s time we put our politicians on notice, now that we have a president who, thus far, evinces the will to get this done.  To get it done, he may need to effectively declare war on illegal immigration.  If we’re to save this country, this is a war we must fight and win.

 

 

 

 

 

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President Trump Makes the Case; Democrats: “No!”

Wednesday, January 9th, 2019

In an Oval Office address on Tuesday night, President Trump delivered a simple, straightforward address.  In the address, he laid out the humanitarian, law enforcement, and national security case for building a serious border wall or barrier.  He left no ambiguity about the effect our border has on our nation, now essentially in an open and undefended state.  He refuted the notion put forward by incoming Speaker of the House Nancy Pelosi(D-CA) last week that the wall is “immoral.”  The President made it clear that what is immoral is the collection of DC politicians who refuse to help fund our nation’s security, leaving Americans wide open to being victimized by illegal aliens.  What was shocking about last night’s events was the response by Senate Minority Leader Chuck Schumer(D-NY) and Speaker Pelosi.  The pair looked wooden, and scripted, almost Howdy-Doody-like.  Memes popped up on Twitter and elsewhere, and a lot of sport was had at the pair’s expense.  They accused the President of lying and “creating a crisis.”  After a few minutes, it was clear that they were making a political argument, but they were not addressing the crisis at the border.  First, here’s the President’s statement:

Then came the response by Schumer and Pelosi:

There were many memes, but this struck me funny:

American Tragic

There were many memes throughout the evening after the speeches, however, to return to the more serious matter of border security, it seems as though President Trump’s purpose was to lay out the case for actions he may be planning to take if Congress will not negotiate in good faith to build the border wall or barrier the country needs.  He may be forced to take emergency action, and if so, this address will likely have laid the groundwork for an emergency declaration with the American people should Congressional Democrats refuse to assist him in securing the country.

 

 

Napolitano Wrong, As Usual

Tuesday, January 8th, 2019

As usual, the open-borders, chamber-of-commerce media, including FoxNews rushed out to tell you what you need to know.  As usual, they intentionally mislead you about the nature of the law. While I’ve already covered this issue, demonstrating plainly that President Trump has the authority, the media is great at lying and propagandizing, and sadly, that includes FoxNews on immigration-related issues.  Everything is squeezed through the filters they want you to see.  Let’s take a look at what FoxNews “Judicial Analyst” Andrew Napolitano has to say, and let’s see about the facts.  First, the video:

Now let’s analyze Napolitano’s claims and assertions about the law, which I’ve here paraphrased and condensed for further examination:

  • Presidents can’t seize property under emergency declarations.
  • Presidents can’t spend money without congressional authorization in an emergency.
  • The President must “make a case” for a declared emergency.
  • If the President had authority to spend money under emergencies, we’d have seen it before, but we haven’t.
  • Sometimes Congress has “looked the other way” when Presidents reallocate defense money from one use to another, but it doesn’t make it lawful.

First, as a general observation, let it be acknowledged that in certain respect, Andrew Napolitano is a radical libertarian on immigration generally, which is a strong reason for FoxNews to have picked somebody else to provide “Judicial Analysis.”  Naturally, FoxNews is itself a corporation that favor open borders, so it’s easy enough to understand their motives in picking open border hacks like Napolitano to make this particular case.

The first assertion of Napolitano was that the President cannot seize property under emergency declarations.

Let us go right to a pretty open-and-shut case: Roosevelt ordered the surrender of privately owned gold and gold certificates to the Federal Reserve on 5 April, 1933.  This was done under executive order 6102, with authority arising from the Trading With the Enemy Act of 1917, as amended. Gold is private property. Roosevelt was acting pursuant to an emergency he declared. Not convinced? Let’s go on to a second example, shall we?  In 1944, Roosevelt ordered the plants, offices, and warehouses of Montgomery Ward to be seized in order to force compliance with an emergency-based order of collective bargaining with a labor union, due to the ongoing war, which was the basis of the emergency. (World War II.)

Let’s just stop right there on Napolitano’s first point.  He’s busted.  Thoroughly.  There are hundreds more examples where Presidents made seizures of private property in time of war or emergency.  It’s called the “rule of necessity,” and it is the legal basis for all emergency doctrine.  Like most libertarians, I find such authority despicable, but they exist, have been exercised, and precedents must be recognized, as all the “wise judicial analysts” like to insist.

The Law: 1  Andrew Napolitano: 0

His next assertion was that Presidents can’t spend money without authorization by Congress in an emergency.  Let’s ask a Democrat Congressman:


Imagine that!  In addition to this, however, there are at least three known instances of Presidents’ spending without any prior Congressional appropriations:

  • Washington’s Unilateral spending to suppress the 1794 Whiskey Rebellion
  • Jefferson’s purchases of saltpepper and sulphur after the Chesapeake incident
  • Lincoln’s advance of $2 million to purchase supplies in advance of the Civil War in 1861

(See pages 22-23 of the following PDF from Harvard Law:  Constitutionality of Executive Spending)

These are older examples, but if it was good enough for Washington, Jefferson, and Lincoln, it’s probably good enough for President Trump.

The Law: 2  Andrew Napolitano: 0

His next assertion was that Presidents must “make a case” to declare emergencies.  This implies that a President must go find approval.  That’s not the case. In point of fact, all a president must do is issue an emergency declaration, and point to his legal authority, and then act.  This has been done repeatedly.

The Law: 3  Andrew Napolitano: 0

His next assertion has already been covered: He claimed that if the President had such authority, we’d have seen it used before, but we haven’t.  See Washington, Jefferson, and Lincoln above.

The Law: 4  Andrew Napolitano: 0

His last general assertion is that Congress may have “looked the other way” when it suited them, but that it isn’t lawful.

The problem with this notion is that legal precedents are born of such practices.  If Congress historically “looks the other way,” time after time, permitting the President to do such things without challenging them, it can also be interpreted as an endorsement of that action, or at least an affirmation of its legitimacy. In short, the court could very well view it as a precedent that bears upon their decisions thereafter.  “Looking the other way” once or twice might be tantamount to surrendering the issue in perpetuity.

The Law: 5 Andrew Napolitano: 0

Of course, there was at least one more assertion that had been made by Brian Kilmeade in the video clip above.  He mentioned that one couldn’t rightly term this an “emergency” because it would take too long.

This is a bizarre point.  The United States has been operating under all sorts of emergency statutes for DECADES, some of them continuously since the days of Jimmy Carter, and even earlier.  Read this fascinating article.

Imagine that, and yes, score Mr. Kilmeade a big fat zero.

It’s time for the left and the pro-amnesty, open-borders media and political culture to shut the Hell up and get out of President Trump’s way.  If he declares an emergency, he’ll have every bit of law and precedence on his side.