The democrats, and their propagandists in the media, heads will explode IF Pres Trump invokes US law where he DOES NOT need to declare a National Emergency, as many assume he will, to build the border wall/ fence/ barrier!
All the left’s Constitutional and legal scholars have been coming out of the woodwork, since the shutdown, claiming POTUS doesn’t have the power to use the National Emergency Act to build the border wall, should Congress not allocate funds for border security. Well they are wrong, he can but he doesn’t have to as there is existing law that already allows the military to aid civilian law enforcement agencies!
How?
All parties will agree there is a problem with illegal weapons, human trafficking and drugs coming across the border. For legal experts, these people truly suck as the law couldn’t be any more clear, under 10 U.S. Code § 284, through the direction of the Sec of Defense, the military can provide “Support [to law enforcement] for counterdrug activities and activities to counter transnational organized crime.” This section of the law literally has a provision under the “(b) Types of Support for Agencies of United States” that allows well, we’ll just let you read it for yourselves….
“(7) Construction of roads and fences and installation of lighting to block drug smuggling corridors across international boundaries of the United States.”
Yes America it’s that simple and clear, in black and white (just like that pesky Second Amendment). Pres Trump can have the military build the border wall/ fence/ barrier or whatever the hell you want to call it should the dems balk on any border security funding that does not include money towards “The Wall”!
Whether POTUS point this out in his State of the Union address is unknown, but it’s safe to assume if he doesn’t get the money he wants he’s going to use the law to bypass Congress and it will be perfectly legal. Remember back with the Travel Ban they thought they had him, but because Trump invoked existing law, this site pointed out in Dec 2015, the left had nothing to stand on. SCOTUS overruled rogue federal judges trying to interfere with matters of national security and the ban remained in force.
The same court battle will happen again, if Trump goes National Emergency Act or uses 10 U.S. Code § 284, but the end result will be the same – 100% legal!
It’s frustrating dealing with the left and right fighting over border security, but rest at ease knowing there is law in place that will ensure it happens. What you need to do is ignore ALL the people on tv. Media figures, political activists, politicians (BOTH sides) as all are just playing games for ratings, revenue and power. Frankly, they are the problem pitting American against American.
The LAW is on Trump’s and our side, standfast, hold the line.