By now we have been bludgeoned by reality and accept that there is no rule, law or moral norm that means anything to Donald Trump. Whether its discriminating against black men and women trying to rent apartments in Cincinnati, or buying the silence of former lovers and porn stars (in Trump’s case they are the same), or not paying hundreds of workers and contractors doing work on his failed casinos, or simply swindling thousands of aspiring dreamers who thought they could learn something from attending Trump University (spoiler alert – they learned that Donald Trump cannot be trusted), Donald Trump has found that he can get away with anything if he is willing to pay some money. But there are limits – even for Trump.
Ever since the Trump-induced government shutdown ended, Trump has loudly hinted that he might declare a national emergency and siphon funds from various federal agencies to build his hallowed wall if Congress won’t give him what he wants. Somehow his bullet head advisors like Steven Miller and John Bolton have Trump believing that all he has to do is to say “emergency powers” like some sort of magical incantation and presto – he will have the power to build his wall on the U.S.-Mexican border. But Trump and his enablers are making a huge misstep because (a) they don’t read or (b) they can’t read or (c) they don’t care what the laws and the Constitution say. For those keeping score at home (c) is the correct answer.
Clearly Trump and his minions haven’t read, can’t read and don’t care about the National Emergencies Act of 1976. If they did they would know that it was enacted for the specific purpose of limiting the use of emergency powers by the President of the United States. If they were willing to peruse modern history, they would see that national emergencies have been declared by presidents as the result of hurricanes, tornadoes, 9/11, earthquakes and the like.
The National Emergencies Act in its language and in its application was never meant to give the President an option if he/she could not reach an agreement with Congress. As they roast slowly in Hell, true fascist dictators like Hitler, Mussolini and Stalin must watch Trump with some admiration as he tries to be a dictator in a government with a Constitution that was specifically designed to block dictators. Trump’s dilemma probably makes them chuckle as they are basted by Satan.
A bit of history – when the Constitutional Convention was held in Philadelphia in 1787 there were some basic concerns that needed to be addressed. First, since the Articles of Confederation had resulted in near total governmental chaos, it was important to establish a government structure that could work.
A close second however, was the almost universal belief of the delegates (Alexander Hamilton notwithstanding) that the power to govern could not and would not reside in one person or even one branch of government. And that is how three co-equal branches of government – executive, judicial and legislative – were established with a system of checks and balances so that no one person could control or direct the government. It turns out that the delegates were really serious about sovereign power resting with the people.
And now Trump threatens Congress with his supposed emergency powers somehow believing that the legislative branch (Congress) and the judicial branch (Supreme Court) will simply go along with this unprecedented grab for power. Trump will meet Nancy in Court and my money is on Nancy and the Court.