After listening to Judge Napolitano's highly dubious explanation this morning on FOX as to why Trump can't cobble together already allocated federal funds to pay for the wall, a few points: 1) As I noted in my previous post, the Constitution authorizes his declaring an emergency and taking appropriate action to defend the US, and to do so would, of course, require emergency funding; 2) the Emergency Declaration Act (1976) pretty much says the same thing, but with a condition, that being that a joint resolution of Congress via simple majority vote in each chamber and the President's signature on that bill is sufficient to nullify the emergency declaration. (However, if the President vetoes the bill, much more than likely, a 2/3 vote in each chamber would be required to override his veto, highly unlikely); 3) the general legal opinion is that Trump can cobble together already allocated federal funds for diversion to wall construction; 4) Since the emergency is of a military, national defense nature, it is generally understood that he could direct the military to either construct the wall or to deploy as many troops and military assets to the border as needed to address the border emergency. And from my perspective, the latter can be done with or without judicial blessings.
Read this post from VOX.com. Obviously, as in all things political and legal and somewhere in between, there is a divergence of opinion among legal eagles on various aspects of this issue, but, on balance, from all I've read and researched I can't imagine the Commander-in-Chief would be violating his oath of office to preserve, protect and defend the United States by declaring an emergency and taking lawful actions to resolve the matter. Of course, "living constitution", anti-American leftist jurists will differ. Such subversion and faithlessness in that arena is to be expected.
Lastly, declaring an emergency takes the wind out of the Demonrats' failed zero sum negotiating position. Yes, the gov't would likely be re-opened, but the deceitful Demonrat leadership will have to explain to the People why they've done nothing to alleviate the border crisis--especially if and when Trump actually deploys a huge number of troops and assets to the southern border. I'm talkin at least 20,000+ troops.
How I loathe party-first, me-first, the-country-be-damned Progressive subversives. Unwary Democrat voters best awaken to the threat their blind loyalty to their Leninist leaders pose to themselves and the country.
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