Why Trump will win the wall fightThe Hill, Feb 16, 2019, Jonathan Turley
Justice Oliver Wendell Holmes once said, “If my fellow citizens want to go to hell, I will help them. It is my job.†What he was expressing is the limited role of courts in challenges to federal law. It is not their task as judges to sit as a super legislature to question the priorities or policies of the political branches. They will gladly send Congress to hell. It only needs to be clear about the destination.
In the matter of the border wall, Congress could not have been more clear where it was heading. It has long put itself on the path to institutional irrelevancy, and it has finally arrived. While I do not agree that there is a national emergency on the southern border, I do believe President Trump will prevail. This crisis is not the making of Donald Trump. It is the making of Congress.
For decades, Congress frittered away control over its inherent powers, including the power of the purse. I have testified repeatedly before Congress, warning about the expansion of executive power and the failure of Congress to guard its own authority. The two primary objections have been Congress giving presidents largely unchecked authority and undedicated money. The wall controversy today is a grotesque result of both failures.
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https://thehill.com/opinion/judiciary/430335-why-trump-will-win-the-wall-fight