Opinion: Should the President declare National Emergency?

Image Credit: pbs.org

 

Recent talk has been circulating the twitter-sphere and the major news network about the President threatening to declare a National Emergency to fund redirect funds and built the border wall without the help of congress. I wrote a little background information about it just now and figured I should give my take. (you can find the background info here)

President Trump should not declare a national emergency. The whole idea, I think, was an ingenious way to try to put congressmembers in a tough position to act quickly, however, it put the President in a really tough position. The President can simply, not call a national emergency. Democratic members have already promised Trump a legal fight in the supreme court. I do not think, even with the 5-3 Republican SCOTUS majority, that the declaration of national emergency would hold up in the Supreme Court. And whilst this case is being processed, the Republicans would have no choice but to re-open the government with nothing else to hold out on. When the Supreme Court would eventually overturn the declaration, Trump will no longer have any bargaining chips to use with the Democratic leaders, and would not get his border wall in time for 2020 re-election. As a result, many followers of his would feel abandoned, and he could quite possibly lose the 2020 election.

Not to mention a great argument Ben Shapiro, a prominent political commentator known for debating Piers Morgan on the Second Amendment, made about the National Emergency. If Trump were to declare a National emergency, he would be giving more power to the presidency. That fact alone gives the President a loophole into bypassing any congress he or she feels is “necessary”. Which is all fine a dandy (maybe) if you like the President and agree with what he’s doing, however, what happens when a Democratic president takes office and wants to confiscate guns, for example. He or she can declare national emergency and start the confiscation of guns in America, no approval from Congress needed.

Now whilst I don’t believe that the government would be confiscating guns or anything as severe any time soon, it does raise a valuable question as to how much power are we willing to give to the Presidency? I for one, don’t believe we should give the presidency any more power than it currently has , at the risk of off-setting the balance of the three branches. I’m all for the wall, but we need to consider building the wall in the appropriate manner, in the American manner. After all, it is “make America great again”.

5 comments

  1. WE AS “THE PEOPLE”…
    The Migrant Caravan of Disease?
    The Centers for Disease Control (CDC) recently announced the formation of a task force to investigate a new mysterious polio-like illness that is afflicting primarily children. The disease, Acute flaccid myelitis (AFM) is a polio-like illness that is believed to be caused by a virus, but officials are either not saying where it came from or for political reasons not acknowledging that is may have started south of the border.

    According to the World Health Organization, diseases that were thought to contained or eradicated are still very much a problem throughout South America. In fact, Leprosy continues to plague 24 out of 35 countries in Latin America with Health Ministries registering an average of 27,000 new cases yearly.

    The government/media’s refusal to acknowledge that once-contained or eradicated diseases are re-entering the U.S. through the flood of illegal aliens is a serious threat to your safety, your security, and your health.

    The medical community is starting to raise alarm bells over the diseases that are pouring over our Southern Border.
    The Association of American Physicians and surgeons warned:

    The U.S. is currently seeing cases of a polio-like illness that paralyzes children, sometimes permanently. This year, 62 cases have been reported, and 386 cases since August 2014. Coincident with resettling about 70,000 children from Central America in 2014 there were 70 cases of polio-like paralysis and a thousand severe respiratory illnesses from the “mystery virus” enterovirus D68.

    What invisible travelers are accompanying them? And what infections are already here in the millions of illegals already dispersed throughout the country?

    In the past, waves of immigrants from Europe were stopped at Ellis Island, medically examined, and quarantined long enough to be sure they were not incubating a contagious disease. Procedures are less rigorous today, and of course, those who enter illegally are not screened at all

    What we do Know:

    Earlier in the month, President Trump addressed the problem saying, “One of the problems that people don’t talk about, you have a tremendous medical problem coming into our country,” he said during a bill signing ceremony. “Tremendous problems. People don’t want to talk about it.”

    One-third of the migrants associated with the latest so-called caravan have been treated in Tijuana, Mexico for infectious diseases, ranging from respiratory infections to tuberculosis and HIV/AIDS, according to a recent report from the border.

    A spokesman for Tijuana’s Health Department told Fox News that out of 6,000 migrants currently residing in the city, over a third of them (2,267) are being treated for health-related issues.

    According to Fox News reporter Griff Jenkins, “They have treated 2267 migrants, 60% with respiratory infections, 3 confirmed cases of tuberculosis, four cases of HIV-AIDS, 101 cases of lice, four cases of chickenpox and hepatitis is a real concern because of the unsanitary conditions,” Jenkins reported, noting that some 6,000 migrants were “crammed in the space intended for 1,000.”

    Even scarier, they’ve also brought in bugs that spread disease.Fox News reported, many are carrying lice and “skin infections.” That means migrants could start a major typhus epidemic, something that may already have started and spread into Southern California.

    Typhus, which is a bacterial disease spread by lice or fleas, has been reported in Los Angeles. Health officials are reporting a typhus outbreak in Los Angeles County and say it has reached “epidemic levels” in the city of Pasadena.

    A CDC report published in May found that reported cases of such vector-borne diseases more than tripled across the country between 2004 and 2016.

    U.S. is not Prepared to Contain a Pandemic Outbreak
    According to the CDC’s own numbers, approximately 1.7 million healthcare-associated infections occur in U.S. hospitals every year, resulting in somewhere around 99,000 deaths annually.

    If U.S. hospitals can’t stop known pathogens like Methicillin-resistant Staphylococcus aureus (MRSA), Clostridium difficile (C. diff), and Vancomycin-resistant Enterococcus (VRE), can we really expect them to be able to contain a pandemic outbreak?

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  2. All grammatical and punctuation issues aside, this article is highly flawed. Your claim that the president cannot declare a National Emergency is in fact, wrong. You go on to say that the president’s power should be limited to only what he currently has; he already does have the power to declare a National Emergency. The National Emergencies Act (NEA) of 1976 granted the sitting president the right to declare a National Emergency. So, it is not overstepping any bounds or acting against the Constitution in any way. Personally, I’m not sure it should be done this way, but it’s not the big illegal thing everyone is making it out to be.

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    • Great to hear from you. This was a previous statement. The violation of the constitution could be the use of eminent domain by declaration of national emergency. This can violate the third amendment depending on how the court sees the issue. There is a possibility of legality issues in the third amendment.

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      • Eminent domain isn’t likely to be needed since most of the citizens in the affected areas are sick of the crimes in the areas. Most people in these areas want the wall.

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      • Many counties such as El Paso (Beto’s hometown) are extremely blue and oppose the wall overwhelmingly. Regardless, eminent domain would have to be used because there needs to be compensation for the land usage which would fall under eminent domain.

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