Our State of Emergency

Load your guns, hide the children, and stock up on cigarettes and beer and other essentials, as we expect America will be in a state of emergency today. So far as we can tell the only emergency is that a spending ball passed by Congress to keep the government open didn’t give President Donald the money he wanted to build a big beautiful wall along the entire southern, but one can never be too sure.
If Trump does make good on his threat to declare a national emergency and assume emergency powers to re-appropriate federal funds, as Senate Majority Leader Mitch McConnell has said Trump promised him, that will be cause for alarm. Trump’s grab of newfound presidential powers will likely be quickly blocked by both the courts and Congress, as well a small amount of principled conservative opposition and overwhelming public onion, but the fact that it’s come to this is quite scary.
This whole big beautiful border wall deal has been a disaster from the outset, as far as we’re concerned. Trump’s fanciful promise that he not only build but have Mexico pay for it somehow helped him win the Republican nomination, and didn’t keep him from winning the Electoral College vote, but it’s been a burden to him ever since. Mexico declined to pay for the wall, unsurprisingly enough, and so did two years of Republican majorities in Congress, with the filibuster rules and only a slight Republican edge having something to do with it, and Trump should have known he wouldn’t fare any better with a huge Democratic majority installed in the house after the mid-term elections. Trump tried to force the Democrats to cough up the money with a partial government shutdown, but by the time that ended with Trump’s poll numbers plummeting he had capitulated on a short-term fix. The spending bill which passed both chambers on Thursday keeps the government open all the way to September and provides less funding for a border wall than the deal that Trump passed up prior to the shutdown, and now he’s left with declaring a national emergency.
The same National Emergency Act that Trump cites for his authority specifically allows Congress to block it, and given the bipartisan support for the spending bill Congress seems likely to do so. The Constitution still supersedes the National Emergency Act, as well, and given how clearly that document says spending power is the sole province of Congress the Courts are likely to take a dim view of it as well. Among the litigants will be several states and many private landowners and other parties that conservatives have previously championed, and they’ll be making constitutional arguments about unconstrained presidential power that conservatives fervently believed in as recently as the administration of President Barack Obama, and everyone from the moderate to loony left is united in its opposition. Trump’s wall continues to poll badly, although his still-underwater approval rating ticked up slightly after he capitulated to the Democrats to fully re-open the government, and we expect his opponents on all fronts will seize the public relations advantage.
Trump relies on that stubborn 30 percent or so the population the somehow believes in his infallibility, however, and is thus obliged to heed their raucous rally cries of “Build that wall!” He’d always follow that up asking who was go to pay for it, and the rally crowds would cry “Mexico,” which has been largely forgiven and forgotten, but he has a huckster’s sense can’t get away without building a big beautiful border wall and having somebody pay for it. Already such a staunch defender as nutcase provocateur Ann Coulter, author of “In Trump We Trust: E Pluribus Awesome,” is “tweeting” that Trump’s emergency declaration is an inevitable loser and that his signing of the spending bill means that her erstwhile hero was a surrender to “open borders.” Sean Hannity and “Judge” Jeanine Pirro and other more loyal media apologists will come up with some reason that Trump is clearly winning, but lately talk radio show callers have been restless.
Another favorite line at the Trump rallies was “at least he fights,” and the loyalists can take some comfort in knowing that at least that’s true. Trump picks fights with congressional back-benchers and B-list celebrities, gives hell to those snowflake lefties, flouts the political establishment and intellectual traditions of the Republican party and traditional conservatism, daily denies objective facts he’d rather not hear, with a habit o skirting up against the most generous edges of the law, and no matter how pointless it all ultimately proves the fans seem to love the spectacle.

— Bud Norman

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