HOWERTON: Trump National Emergency Not Unconstitutional

President Trump is clearly operating within the authority given to him under the National Emergencies Act of 1976.

The liberals in Washington love to act like they care about the Constitution when it fits their agenda, don’t they?

The authority being exercised by the White House is a relatively young, half-century old power delegated to the Executive branch by Congress, which is within its right to do.

The actions by President Trump are not unconstitutional because there is nothing in the constitution prohibiting Congress from delegating emergency powers to the President especially when it comes to a basic function like securing the borders. Fulfilling that fundamental duty is a world away from Obama going far beyond enumerated powers to unilaterally change immigration law.

For that simple reason and many more, President Obama was struck down by the Supreme Court and President Trump will surely be vindicated.

For those calling it an expansion of executive power, it is simply the continuation of nearly five decades of executive emergency powers.



Be that as it may, I wholeheartedly agree with my colleague when he recently wrote:

“Our Founding Fathers were worried about the consolidation of executive power. They believed that the legislative branch, ie Congress, should be the most powerful branch of government. Why? Because it is supposed to be closest to the people.” – Kevin Boyd

While I am happy with the outcome, I lean toward the anti-federalist thought process that power is best left to “the people’s house”.

BUT — Mitch McConnell and Senate Republicans should have done their job and implemented the “nuclear option” so that the wall could have been approved by a simple majority THE SAME WAY Obamacare was forced to passage without a single Republican vote. By their inaction, they forced President Trump to use a power of last resort that has been delegated to him by Congress.

That being said, I support Congress rightfully reclaiming their emergency powers as long as they also reclaim their war powers and manhood while they’re at it.

Since 1976, 59 emergencies have been declared and more than 30 are currently active. See them by clicking here.

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