By: Brian Evans

Over the weekend, President Trump tried to meet halfway with Democrats in his negotiations to build a wall to protect America and Americans. After Democrats complained about a border wall as expensive and not as efficient as a steel barrier. Therefore, the President offered $800 million as the Democrats have requested for humanitarian aid and enhanced medical treatment to the migrants camped at our southern border willingness to be flexible with DACA in exchange for the $5.7 trillion for a border wall, 57,000 additional beds for the illegals that are already in the nation leading that is leading to overcrowded detention facilities and 2,000 more law enforcement agents that are needed. Still, despite the President willing to give concessions, the Democrats said that it was their way or the highway, and refused to concede anything! In fact, they said that they would never concede anything for a wall, regardless of what he offers, and regardless of the illegals costing America more than $150 billion per year already without a wall!

President Trump also pointed out how Democrat leadership has pushed for a wall in the past, as the President said…

Still, Democrats remained obstinate and refused even a dollar for the wall. As a result of their unwillingness to compromise or negotiate, the President announced that he will address the nation on Tuesday night during primetime television, in order to address the growing crisis at the southern border of the United States

Mainstream Media outlets and Democrats point out that the existing barrier isn’t a single mile longer than it was when he took office, but they fail to note that the reason that they have not added on any length to the existing barrier wall is due to the fact that it is in disrepair, and required money allotted so far to repair and maintain the existing wall. Border authorities actually prioritized their needs, and they made repair of existing infrastructure as their number one priority. The now radicalized left and their propaganda machine conveniently fails to address all the facts, and simply points out the ones that they think will make their case.

Also, the major broadcast networks originally said that they were not sure if they were going to carry the President’s address from the Oval Office on the national security border crisis, therefore snubbing the Presidentbut after pressure, all the networks agreed to carry it live on each network.

The networks agreed to cut out at least 8 minutes at 9PM Eastern Time on Tuesday night, and it is believed that he will declare a national emergency.  Following the President announcing the broadcast, House Speaker Nancy Pelosi (D-CA) and Senate Minority Leader Chuck Schumer (D-NY) demanded the President reopen the government in a joint statement and demanded that the networks give them equal airtime. They said…

“Now that the television networks have decided to air the President’s address, which if his past statements are any indication will be full of malice and misinformation, Democrats must immediately be given equal airtime.”

The statement read…

Following the President’s Tuesday night national address, he is scheduled to visit the Southern border allegedly around McAllen, Texas on Thursday, according to the White House.

Democrats have already passed legislation during the shutdown that gave $12 billion in additional funding to other nations, but gave nothing to secure our national border! Also, they included measures that would spend billions to fund international abortions and countless other ideological measures that seek to further bankrupt our treasury, while doing nothing to benefit or protect the American people. Even more troubling, is the fact that the Democrats proposals exceeded the Presidents 2019 budget by a massive 20%! Now, as the Democrats have left the President with few options, and only one good option, it is highly likely that he will declare a state of emergency, and use our troops to build the wall and secure our nation.

So what does that mean? Ultimately, the President has the right to bypass Congress if there is a national threat or emergency, and the border attacks and illegal crossings have jumped to massive proportions.

President Trump had already informed reporters on Friday that he is open to using emergency powers to circumvent Congress and said…

“We can call a national emergency and build it very quickly. It’s another way of doing it.”

He went on and said that he would wait and see what negotiations yielded over the next “few days.”

However now, as Democrats refuse to negotiate or work with the President to find a middle ground, they claim that the President cannot declare a national emergency. However, the evidence is proving otherwise. In fact, the Democrats own Congressman Adam Smith, the new Chairman of the House Armed Services Committee admitted on national television that…

“Yes, there is a provision in the law that says a president can declare an emergency. It’s been done a number of times.”

Also, legal experts told NBC that the President could declare a state of emergency under The National Emergencies Act. They added that it grants the President a set of special executive powers, including but not limited to the ability to…

“seize property, organize and control the means of production, seize commodities, assign military forces abroad, institute martial law, seize and control all transportation and communication.”

However, Congress could, in turn, pass a resolution that rebukes the Presidents declaration, but it would have to pass both the House and Senate. At that point, the President would have to make the case that the border crisis constitutes an ’emergency’!

In addition, while federal law allows the military to complete “construction projects” that utilize un-obligated funding from the Department of Defense budget in a national emergency, the President can only use previously earmarked funds to build the wall itself.

Joe DiGenova, a legal analyst said that under Article 2 of the United States Constitution, President Trump has the authority to declare a national emergency. He added, that

“anyone who thinks that 60,000 people flooding across the American border illegally in a single month isn’t a national emergency, is a moron”!

Then, under the National Emergencies Act of 1976, he can use the unspent money in the Department of Defense budget which equates to about $100 million in unobligated but appropriated money that he can legally utilize. He added that…

“It’s sitting there waiting for contracts. He does have the authority to use that money.”

Even Harvard law professor Mark Tushet said on NBC News that…

“My instinct is to say that if he declares a national emergency and uses this pot of unappropriated money for the wall, he’s on very solid legal ground.”

In the end, the President will be challenged by the radical left in court, just as he has been on every other action he has taken. The now Socialist left will sue the President in Hawaii, or on the East or West coasts, being Democrats have now learned to judge shop for left-wing Progressive Judges. In the meantime, it will play out in the courts, until it likely reaches the Supreme Court. At that point, as DiGenova pointed out, we will have to see if Chief Justice John Roberts decides to be a “liberal or conservative”, and whether he acts as a “strict constitutionalist or judicial activist “that day!

 

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