Trump’s State Of Emergency: How It Can Be Stopped
The 15th of February 2019 was a historic day for the United States of America. The President, Donald Trump, declared a state of emergency at the border with Mexico. As a result, he released the funds needed to build a wall and stop people from crossing over. Recently, the Democrats in the form of Pelosi and Schumer blocked his demands during negotiations.
Seemingly, Trump found a way to bypass the legislation. However, there is no doubt the fight isn’t over. The President himself said during his announcement: “We will have a national emergency, and we will then be sued.” And, lawmakers in the US haven’t disappointed him as sixteen states have formed a coalition and filed papers. The likes of California and New York state that he doesn’t have the power, legally, to declare a state of emergency.
Are they right? According to the experts, they are and here are the four ways they can stop him from abusing his powers.
#1: A Joint Resolution
There is no doubt that the Democrats are worried about the precedent that this move sets, but Republicans are twitchy too. As well as Dem Alexandria Ocasio-Cortez, there has been a backlash from his party. Although none currently support her bill in the House, they aren’t supporting it either. Tennessee Senator Lamar Alexander is one of the most high profile critics, saying it was “unnecessary” and “unwise”. Along with him, the likes of Rubio, Paul, Grassley, and Collins have voiced their displeasure.
Democrats will find this heartening because they need at least four votes to get the bill passed through Congress. They control the House so that isn’t a problem, but they only have 47 members in the Senate and would need 51 for a simple majority. With few Reps uneasy to embrace Trump’s actions, there may be rebels who aren’t willing to tow the party line.
#2: White House Lawsuit
Congressional Democrats can sue the White House by saying it is bypassing Congress. As the funds haven’t been sanctioned by the Senate or House, it’s an abuse of power from the President. And, there is a precedent for this type of suit as the Republicans used it to fight Obama Care in 2014.
With the same argument, they took the White House to court when a judge ruled the administration’s actions infringed on Congress. Considering the Affordable Care Act was well received in many parts of the country, it would be hard to see a different result. After all, there is no doubt that the National Emergencies Act has removed Congress’ powers. Plus, there seems to be no evidence to support Trump’s claims that there is an emergency at the border. Almost all the experts disagree with the theory as well as the solution. A wall has been there for years and hasn’t stopped immigration.
#3: Activists’ Lawsuit
People are lining up to sue the White House and activists are no different. The ACLU has already said that it plans to appeal for the “blatantly illegal declaration of a national emergency.” And, their previous actions suggest they aren’t kidding. In total, the ACLU has filed papers against the Trump government 16 times in three years.
Activists believe the President’s words will come back to haunt him. In the Rose Garden, he said on camera that he didn’t need to declare an emergency. Why did he do it, then? It’s because he would “rather do it much faster.” The article “How Many World War 2 Veterans Are Still Alive?” says lessons need to be learned. If this administration’s power grab were allowed, it would echo regimes of the past. Soldiers fought to protect the American way of life and it’s people then and it may be seen as a slap in the face.
#4: Landowners’ Objections
One very real stumbling block is the land on which the wall will be built. Landowners have already raised concerns that their property will be used as the grounds. Those that protest have the right to sue the government and make life difficult. It will take a lot of money, more than the forecasted $5 Billion, to build a barrier and compensate the owners.
Also, they may refuse to budge even if the amount is lucrative. There is no doubt he has the power to take private land, yet it doesn’t mean he will win. In 2006, the Bush administration fought lawsuits in Texas after their Secure Fence Act proposals. Indeed, 70 of them are still active today more than a decade later.
Whatever the tactics, one thing is for sure: this is bound to drag on for a while.