With 31 National Emergencies Ongoing, Will Trump Declare Another?

The Democrats said, “Open the government, and we will talk about funding.” No Democrat has suggested that there will be money for the wall. Pelosi is dug in up to her hips about no money for this thing, no matter what it is called. How could she retain her position as Speaker if she agrees to provide any money for the wall? The rebellion among the Left would demand her resignation, not only as Speaker, but also to give up her House seat.

With that in mind, what do you think will be the outcome of the three weeks of discussion on Homeland Security budget funding including the wall? If you say nothing, you would be right. Pelosi will not risk her position and an uprising and rebellion among Democrats by making any concessions on building the wall.

The president said to Congress: don’t waste your time, the deal needs a wall. If the compromise has no funding for the wall, then what action will the president take? I believe he will declare a National Emergency and use money from existing funds to start building the wall.

Most people are aware that the Democrats will most likely try and find a liberal judge to intervene and block his Executive Order (EO). What most people do not know is that there are currently 31 in place right now, one dating back to 1979 by Jimmy Carter. These additional presidents declared National Emergencies multiple times: Obama, 9, George W. Bush, 14, and Bill Clinton declared a National Emergency 16 times. There is a body of evidence that would make it difficult for a court to overturn an Executive Order and not expose the existing 31 EOs in place to come under attack.

With several presidents using the power of the National Emergency Act for a wide variety of issues, the court might find it difficult to rule against the president. But what if it did? There are two paths the president could take: the first being the appeal process that would eventually lead to the U.S. Supreme court for a decision, which will take time, and by which most likely the president will win.

There is another alternative that is in play right now. The State of Louisiana passed a new abortion law, and the 5th Circuit struck it down. What is essential is the plaintiffs requested an emergency appeal to the U.S. Supreme Court to allow the law to go into effect while it is making its way through the appeal process.

The point I’m trying to make is that the alternative the administration could take, should a lower court declare the president’s Executive Order unconstitutional, is this: the administration could use an emergency appeal to the Supreme Court on a basis that would allow the construction of the wall to begin while the appeal process continues. The Supreme Court must have five members supporting the stay. It is apparent now why the two Conservative appointees by the president, perhaps, make it possible for a positive outcome.

If Congress will not fund the wall and the president loses in the courts, he can still get it done and also fulfill one of his major campaign promises.