What is an emergency?
That’s what you’re all going to be arguing about over the next week- whether you admit it or not. You can pretend it’s about Trump or Obama or Congress.
I think we can all agree that in an emergency, the Executive should have more power. If you don’t think that, your perspective on what constitutes an “emergency” is off. (Imagine an invasion or a natural disaster that wipes out half the country; THAT’S an emergency, and I don’t want Congress debating decisions if it happens)
And if you think building a wall is an emergency, yours is also off.
Here you go, I’ll save you a Google:
e·mer·gen·cy
/əˈmərjənsē
noun
a serious, unexpected, and often dangerous situation requiring immediate action.
“your quick response in an emergency could be a lifesaver”
And I’ll share this much, because all this shit interests me somehow.
There is no Constitutional provision for Emergency Presidential Power. It is IMPLIED, but not written.
And that’s why the Supreme Court CANNOT GIVE THE PRESIDENT THAT AUTHORITY. (Constitutional Conflicts Between Congress and the President- Louis, F.)
I mean to say, “there’s no authority for the Supreme Court to do that”, but we all know if they just give it to him no one will stop them because we’re all too filled with apathy to care but I digress.
In order to grant him that authority, it has to already be granted somewhere in a law.
And lucky for you, buddy: there is such a law.
It’s called the Emergency Powers Act, and it was supposed to restrict open-ended emergencies (it didn’t- we’re currently under 31 ACTIVE states of emergency)
The Act makes the President an OG Gangsta. It gives him 136 direct, LEGAL authorities that he wouldn’t otherwise have. Only 13 require any input or approval from Congress. Here’s a cheat sheet:
So CAN HE BUILD THE WALL? That’s what you’re wondering, either out of hope or hate. The answer is “yes”, unless Congress stops him.
The same law that gives him the authority gives Congress the authority to remove it- if both houses agree about it. Republicans control the Senate but Trump will likely (hopefully?) be surprised at how many of his allies won’t back him on this.
But enough WILL so that it will be challenged in court and have to go all the way up to The Supremes.
So the answer is “they can, but probably won’t.”
If there’s one thing Republicans and Democrats should be able to agree on in this country it’s that the Executive has too much power.
This is NOT what our country is supposed to be.
We’ve become complacent, lazy and somehow- ANGRY.
Individual liberty and self-governance are HUGE responsibilities. They require us to be informed, and to make hard choices about some hard issues.
But if we sit back and just allow someone to make all these choices for us, it won’t be long before we’ve allowed them to make them ALL for us.
We do not do unchecked power for one person here. Not in America.
Let’s fix it, guys. Both sides. Let’s use this issue as the ONE THING THAT CAN CREATE BIPARTISANSHIP.
The Office of the President. (the OFFICE, not the PERSON)
Has.
Become.
Too.
Unilaterally.
Strong.
And as a great PhD of Beatz said, “No one man should have all that Power.”
Nonsense from a crazy man 