This is not a national emergency: Congress must update the National Emergency Act
by Tiana Lowe
| February 14, 2019 04:50 PM
Senate Majority Leader Mitch McConnell, R-Ky., has decided to embrace his inner Harry Reid and green light President Trump's emergency declaration.
As John Yoo noted earlier this month, the courts may find that Trump is within his rights to mobilize the military to build the wall when his gambit is inevitably challenged for its legality. Even Youngstown v. Sawyer, which reversed former President Harry Truman's seizure of private steel mills to supply the military during the Korean War, wouldn't necessarily imply that Trump would be out of bounds building the wall on land not privately owned.
Congress has failed to define the legal bounds of what is or isn't an emergency, but surely the term was never meant to deal with this.
Hundreds of thousands of immigrants are apprehended at our nation's southern border every year, meaning that the number of immigrants illegally entering the country could be greater by an order of magnitude. A sovereign nation, even one which embraces the free flow of labor, must defend its borders for security's sake, and Democrats calling a physical barrier "immoral" either don't understand the few hundred miles along our border that would see fewer illegal crossings with a wall, or they simply don't care.
But we know that this is not a national emergency for the same reason we knew it wasn't a national emergency a month ago, when Trump first touted this idea: We're all still here.
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https://www.washingtonexaminer.com/opinion/this-is-not-a-national-emergency-congress-must-update-the-national-emergency-act