February 19, 2019
If liberals wanted to sue over the border wall, they're about 13 years too late. Congress already gave its blessing back in 2006 when it passed the Secure Fence Act. The same goes for the president's decision to move the U.S. embassy in Israel. The House and Senate have been on board since 1995 when they authorized it. If the Left's being honest, its problem isn't that the president is moving forward with the wall. Its problem is that the president is Donald Trump.
Back in 2014, the Washington Examiner's Eddie Scarry points out, the media had no problem calling it a "border crisis." Neither did Barack Obama, who stood in the same Rose Garden as Donald Trump did on Friday, and insisted, "We now have an actual humanitarian crisis on the border that only underscores the need to drop the politics and fix our immigration system once and for all." Five years, one administration, and who-knows-how-many caravans later, and suddenly, this president is doing something "immoral" by addressing the situation. That's not because the dilemma changed. It's because the occupant of the Oval Office did.
Take columnists like Karen Tumulty. In 2014, Scarry explains, she had no problem writing about the "current crisis on the Southwest border." Well, it must have magically fixed itself, because last month, she accused the president of "manufacturing an emergency." California, New York, and 14 other states want you to think that Donald Trump was acting outside of his constitutional authority when he used his executive power to finish the job Congress gave the green light to over a dozen years ago. But, as Ken Klukowski told me last night on Washington Watch, nothing could be farther from the truth.
"It's critical for everyone to understand: the president is not invoking any of his inherent constitutional powers -- none of his Article 2 powers, like commander-in-chief authority. In this case, you have a president who is only acting under a specific act of Congress, a federal statute called the National Emergencies Act of 1976. It's been used 59 times before. This is just number 60. In fact, the 59th time was earlier this month -- also by President Trump -- regarding U.S. relations with Venezuela, because of course the turmoil going on over there. Maybe I missed the press release, but I didn't hear the sky fall [when he declared that emergency]. I didn't hear a news story from the National Archives that the Constitution burst into flames. One would almost think that this is just part of the rule of law. And that's exactly what's going on here."
President Trump's request is simple. He wants to move money that's already been approved by Congress from one bank account to another. This president hasn't "conjured funding from thin air (the military construction and Army Corps funding has already been appropriated)," the Federalist argues, "nor is he using funds for purposes explicitly prohibited by Congress (to the contrary, Congress explicitly authorized the construction of a border wall)."
In other words, there's no constitutional crisis here. The only reason these leftist states are suing Trump is because he wants to protect American sovereignty and security. Juxtapose that with 2012. When conservative states took Barack Obama to court over his health care mandate, it was for the exact opposite reason. Unlike Trump, Obama wasn't in the business of protecting freedom -- he was in the business of undermining it. Obviously, after eight years of Obama, a lot of people are out of practice when it comes to operating within the limits of presidential authority. But in this instance, the contrast between the two parties has never been clearer.
None of this, unfortunately, is a surprise to President Trump. "... I'll sign the final papers as soon as I get into the Oval Office. And we will have a national emergency, and we will then be sued. and they will sue us in the Ninth Circuit even though it shouldn't be there, and we will possibly get a bad ruling -- and then we'll get another bad ruling -- and then we'll end up in the Supreme Court, and hopefully we'll get a fair shake. And we'll win in the Supreme Court just like the [travel] ban."
As Ken joked, "We can't get through our morning coffee without the Left filing a new lawsuit against President Trump -- even when he's just doing things that President Obama or previous presidents have done. Somehow it all becomes illegal when President Trump does it." But if there's one thing the other side should have learned by now, it's that this president isn't deterred -- not by them, not by lawsuits, and certainly not when it comes to doing what's right.
Tony Perkins' Washington Update is written with the aid of FRC senior writers.