“National Review” commentator, David French, who wants border barriers, explains a bit of the legal “chapter and verse” as to why Donald Trump using a “national emergency” decree to build his “Wall” on the Mexican border with the military, in fact, likely would be considered unconstitutional based on some Supreme Court decisions in the past.
But what should be considered equally or even more dangerous is the precedent that this would set, if such a national emergency decree were left standing by the Courts. It is not too far-fetched to imagine some future Democratic president declaring a “national emergency” due to the threat of, say, “climate change.”
Since the science has reached a “definitive conclusion” (I say in a very mocking voice) about climate change concerns, what could be more of a national threat than the end of all life on earth due to human pollution? Enter presidentially decreed central planning and government dictates on how goods shall be produced, in what quantities, and for what purposes – all to “save the planet.” And all of this, one could imagine, without the need for political debate or Congressional approval. Remember, it’s for “the children” and their future. Aren’t we ready to sacrifice everything for them, even the niceties of an archaic document that would otherwise hamstring enlightened government policy?
What about the coming entitlement programs crisis? What is more of a second most important “national crisis” that saving the country’s government pensions program and national health care for all? After all, the costs are rising, the ageing portion of the population is increasing, and the everyday politics ignores the coming collapse of the existing trust funds. The president must act – for the good of the nation, to take action outside of a gridlocked politics.
Are these an exaggeration? I think not. And Donald Trump would have set the presidential precedent for increasing the rationalisation of such arbitrary power if he goes through with a national emergency decree to build his “Wall.”