The Emergency Rhumba

"The first consideration in immigration is the welfare of the receiving nation. In a new government based on principles unfamiliar to the rest of the world and resting on the sentiments of the people themselves, the influx of a large number of new immigrants unaccustomed to the government of a free society could be detrimental to that society. Immigration, therefore, must be approached carefully and cautiously.” – Thomas Jefferson

“Speaker Pelosi’s refusal to negotiate on funding for a border wall/barrier — even if the government were to be reopened — virtually ends the congressional path to funding a border wall/barrier. It is time for President Trump to use emergency powers to fund the construction of a border wall.”--Sen. Lindsey Graham

Here is an excellent legal analysis of National Emergency law by Patrick Howley at Big League Politics: Obama Declared 13 National Emergencies--11 Are Still Active":

"...there are 31 active national emergencies declared under the National Emergencies Act. Bill Clinton used this authority 17 times. President Trump has only used it three times so far. Sorry Democrats, this “national emergency” business is not quite the work of “dictators.”

Conservative Tribune reports: “Of Obama’s 11 continuing national emergencies, nine of them were focused exclusively on foreign nations, while only one seemed focused on protecting America — a declaration aimed at punishing individuals “engaging in significant malicious cyber-enabled activities.” 

If President Donald Trump uses the U.S. military to build the border wall along the United States’ international with Mexico by declaring a national emergency, won’t liberals simply run to a Federal judge whom they believe to be left-wing within the Ninth Circuit and block Trump? Can Congress vote to overturn Trump’s declaration of an emergency?

No. If the federal courts actually follow the law, President Trump cannot be prevented from “reprogramming” funds appropriated for the U.S. Department of Defense and actually using the military (such as the U.S. Army Corps of Engineers) to build the border wall. ...Congress has given a president the power to declare a national emergency by 50 U.S.C. 1621 and  50 U.S.C. 1622.  A declaration of an emergency allows the President to reprogram funds in the military budget.  See 33 U.S. Code § 2293 “Reprogramming during national emergencies.” ...

The U.S. Supreme Court explicitly analyzed that the President’s powers are at their greatest (zenith) when he acts not only by his inherent powers as President but also by the agreement of a statute passed by Congress. In Youngstown, Eisenhower did not have any statute supporting his action and the Court reasoned that he was actually acting in conflict with relevant statutes.

Here, the Congress has already enacted and President George W. Bush signed into law, the Secure Fence Act of 2006. It is already the law of the land that a border wall shall be built along the United States’ Southern border. Neither Congress nor any private plaintiff can challenge the official determination that a border wall or barrier shall built. That is the law. That is the official determination of both the U.S. Congress and the Commander in Chief.

The Secure Fence Act of 2006 was never implemented (other than a few miles) because Congress did not appropriate the funds to pay for it. There are two steps: Authorization and Appropriation of funds. The decision to build a border wall is final. The only question is applying funds to make it happen.

Building of a border wall under the 2006 Act was also not completed because the Swamp and Deep State sabotaged it. Using classic bureaucratic games, the bureaucracy and open borders legislators followed “designed to fail” steps that ground the construction to a halt.

Note that in spite of the word “fence” in the title, the law does not actually mandate a “fence” in particular. The wording of the Act is not about a “fence” but about any kind of barrier customized to the particular terrain in each location to the extent necessary to “the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.” That is “all.” As in “all.”".......

The most important phrase appearing in the article: "If the federal courts actually follow the law".

In so many ways, we are no longer a country of laws. And so many judges view laws as optional if they stand in the way of their leftist political goals. Still, it is good that the law is on the President's side.

The Federalist: "Therefore, even according to the New York Times, President Trump is right: he can use his authority to build the wall on land that’s already owned by the federal government."

"Just yesterday alone we apprehended 113 people from India, Pakistan, China, Ecuador, Romania...."

Our President:

“If we don’t make a deal with Congress, most likely I will do that. I would actually say, I would. I can’t imagine any reason why not. Death is pouring through. We have crime and death and it's not just at the border. They get through the border and they go and filter into the country and you have MS-13 gangs in places like Los Angeles and you have gangs all over Long Island, which we're knocking the hell out of. There should be no reason for us to have to do this. They shouldn't be allowed in and if we had the barrier, they wouldn't be allowed in. A wall would be virtually a hundred percent effective and Nancy and Chuck know that, but it's politics. It's about the 2020 campaign, it's about running for president. That's what they're doing. They're already doing it. It's a shame. They've got to put the country first. Finally."