That’s Not How the Constitution Works, Mr. President

Hey guys, do you recall the “if Congress isn’t being reasonable, the President gets to do what he wants” clause of the U.S. Constitution? I don’t, but evidently President Trump has access to the secret Constitution.

President Trump on Wednesday resumed his threat to bypass Congress and fund the construction of a border wall by declaring a national emergency if Democrats maintain their opposition to his funding demands.

“I have the absolute right to do national emergency if I want,” Trump told reporters during a White House pool spray. “My threshold will be if I can’t make a deal with people that are unreasonable.”

As AP reminds us earlier in his post, this is the same exact rationale President Obama employed with DACA. It was outrageous then, and it is outrageous now for President Trump to consider using executive action here.

President Obama threw quite a few presidential tantrums – the equivalent of Veruca Salt saying “But Daddy I want it” – whenever Congress didn’t give him what he wanted, so he acted unilaterally and without constitutional sanction, and fortunately he was slapped down quite a few times, and unanimously so, by the Supreme Court. Sadly, President Obama is not the only president to think that “urgent” matters give him unprecedented authority. Blame Congress both in its dithering and in its unwillingness to slap down presidents if you want – I certainly do – but it takes one to do the unconstitutional tango.

It doesn’t matter how important a given president thinks the issue is. There are clear mechanisms for pursuing a given action, and the president does not just get to act unilaterally in most cases just because Congress can’t agree on a given course. Sometimes executive orders are given under rightful circumstances. No one in their right mind should think we’ve reached such a crisis point of national security that the president should be able to go all Samantha on Bewitched, blink his eyes, and get what he wants.

And if you do think the president would be acting justly in this matter, I hope you take the same position when a future Democrat president declares that climate change is the moral equivalent of war and he can thus shut down all coal and natural gas plants on his say-so.

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