Trump’s Brazen Unconstitutional Overreach
Trump’s Brazen Unconstitutional Overreach By Andrew P. Napolitano for Lew Rockwell
TDC Note – Wrong.
Last week, President Donald Trump followed through on a threat he had been making for months. It was not a blistering or insulting tweet. It was not an attack on the press or congressional Democrats. It was an attack on the Constitution.
Here is the back story.
In 2015, Trump began offering that as president, he would build a “big, beautiful wall” along the border of the United States and Mexico and that Mexico would pay for the wall. His stated purpose throughout the 2016 presidential campaign and beyond was that a wall is necessary to stop the onslaught of immigrants illegally entering the United States at places other than lawful ports of entry.
He also offered his personal view that many of the folks entering through these unapproved areas are gang members who are trafficking in drugs and human slavery.
After the president of Mexico rejected paying for a wall, Trump asked Congress to do so. Curiously, he did not ask for the wall payment during the first two years of his presidency — when Republicans controlled both houses of Congress — but waited until the Democrats, who largely oppose the wall, were in control of the House.
So determined has he been to build a wall — any wall, so as to be able to assert that he has fulfilled a campaign promise — that he has dropped his demand that Mexico pay for it, modified his demand that it even be a wall (because his own Border Patrol folks told him that a wall would impair their ability to observe behavior on the south side of it) and reduced the length of his proposed barrier from 1,000 miles to 55 miles. Congress still refused.
So determined has he been to build a barrier of any length that he rejected budgetary measures that had been passed by both the Republican Senate and the then-Republican House, and permitted about one-third of the federal government to shut down for 35 days at the end of 2018 and the beginning of 2019. During negotiations, he demanded $5.7 billion as a down payment for his $25 billion wall. Then, seeing the misery the shutdown caused, he relented and signed essentially the same spending legislation that had been passed before and that he had rejected, though it was only for three weeks. He continued to demand $5.7 billion, but all Congress would give him was $1.4 billion for border security, much of it not for a wall and none of it for where he wants to build.