Trump has just sealed the end of his own power. The very first words of the U.S. Constitution after the Preamble — the first words of the actual body of the Constitution — the first words of the first paragraph of Article I Section 1 are: “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
The U.S. Supreme Court has ruled repeatedly that the Congress CANNOT DELEGATE legislative authority — the making of laws — to the Executive. It CAN create agencies in the Executive that promulgate detailed rules, but ONLY within strictly defined parameters that constitute the actual legislation.
The Emergency Powers Act gives the president broad power to define “emergencies.” But the word “emergency” does have meaning. If not, it means the president has the power to legislate, thus making the Act unconstitutional. And “emergency” cannot include a situation of political face-saving on border issue politics, when:
• Illegal border crossings have decreased every year for the last ten years
• illegal border crossings are at a 46-year low
• more Mexican Americans last year LEFT the U.S. and returned to Mexico than came here
• the National Intelligence Estimate recently issued earlier this month, defining threats to national security, DID NOT EVEN MENTION THE SOUTHERN BORDER
But go ahead, Donald. When we replace you with a Democratic president, watch for “national emergencies” on climate change, gun death epidemic and health care.
May 31, 2017