By Jon Dougherty
POTUS Donald Trump has been thwarted virtually every way possible in his attempts to fulfill his campaign promise to deal with illegal immigration and build a “big, beautiful wall” along portions of the border where drug- and human smuggling are the worst.
Democrats in Congress have been the president’s biggest hurdle, though far too many Chamber of Commerce Republicans have been obstacles as well. So have federal courts; activist judges cherry-picked by Left-wing groups and House Democrats have inflicted as much damage on our country via open borders as an unresponsive, irresponsible Legislative Branch.
Democrats’ latest effort has been to launch a lawfare campaign against the White House and the president’s border wall efforts. Unable to secure funding the normal way — by asking Congress — the president declared a national emergency (challenged — he won) to secure funds where he can find them.
Like, the Pentagon.
But as POTUS prepared to task some $6 billion in funding for new wall construction, House Democrats filed suit, again, in federal court. But the case has not gone as they planned.
As reported by Axios:
A federal judge in D.C. has rejected an effort by House Democrats to block President Trump’s use of emergency powers to reprogram military funds for his border wall.
“This is a case about whether one chamber of Congress has the ‘constitutional means’ to conscript the Judiciary in a political turf war with the President over the implementation of legislation,” wrote Judge Trevor McFadden…
“[W]hile the Constitution bestows upon Members of the House many powers, it does not grant them standing to hale the Executive Branch into court claiming a dilution of Congress’s legislative authority. The Court, therefore, lacks jurisdiction to hear the House’s claims and will deny its motion.”
While House Democrats argued that appropriating money for a border wall that had already been earmarked for the Pentagon was a violation of the Appropriations Clause of the Constitution and, thus, a usurpation of Congress’ authority, the judge sided with the administration.
“To be clear, the Court does not imply that Congress may never sue the Executive to protect its powers,” McFadden wrote.
However, he argued that House Democrats do not, in this case, overcome the constitutional burden to establish they have standing in this lawsuit. Plus, while the funds were appropriated for the Pentagon, they were not appropriated for any specific use by the Pentagon. Thus, POTUS Trump has the same lawful authority as have past presidents in this case: He can appropriate that money for a specific defense purpose.
This is a substantial legal victory for the administration, sure, but it is a bigger win for the American people.
Border apprehensions have ranged above six figures for the past two months and show little signs of abating. That is until the president decided to levy new tariffs on Mexico until that government started doing more to interdict the human waves traversing its territory from Central America enroute to the United States.
But the bigger issue is this — and it doesn’t get mentioned nearly enough. Democrats continue to claim they aren’t for ‘open borders’ but yet continually refuse to work with this president on needed immigration and asylum reform, while refusing to provide him with funds to build secure walls where even the Border Patrol says they are necessary.
In addition, they would rather sue the president when he exercises lawful Executive Branch authority to secure the money to do so than do their duty for the country.
The White House shouldn’t even have to be in court defending its decision to improve border security. It’s Democrats who are forcing the administration to do so. Never forget that.
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