Building The Wall Would Be National Emergency Number 32, And One Of The Few That IS An Emergency
January 23, 2019, 12:44 AM
A+
|
a-
Print Friendly and PDF

CNN has an article titled Trump's wall would be the 32nd active national emergency, by Ryan Struyk, January 10, 2019. There's a list. I learned this from an article by Julie Kelly on Amgreatness.com, and she writes, after noting that no one was afraid of the National Emergencies Act in the Before Trump times, she writes:

But if Americans now are expected to believe that the NEA suddenly is either unlawful or unconstitutional merely because Trump is president, and his action could portend a dark future of presidential authoritarianism, then the only reasonable step is to eliminate the law. Permanently.

More Than Four Decades of Emergencies
Now that the act is, for the first time in recent memory, an issue of public debate—consequently spawning a whole Twitterverse of experts—it’s fair to assess whether the 42-year-old law should exist at all. Currently we are under a state of 31 national emergencies, including one dating back to the Carter Administration. Another emergency declaration, imposed days after the 9/11 terror attacks, has been renewed on an annual basis.

According to a 2014 report by USA Today, “in his six years in office, President Obama has declared nine emergencies, allowed one to expire and extended 22 emergencies enacted by his predecessors.” This included proclaiming in 2009 that the flu was a national emergency, which allowed for waiving federal rules and set off a public frenzy for flu vaccines. Others deal with national security threats posed by Colombia, the Congo, and Yemen.

There is no doubt the law provides sweeping powers to the president. In a study published by the University of Michigan Journal of Law Reform in 2012, Patrick Thronson criticized the act as “[contrasting] sharply with the traditional conception of the United States as being a government of limited and enumerated powers.” Thronson detailed how the NEA activates “over 160 provisions of statutory law, dozens of presidential orders, and numerous other federal regulations.” This includes the use of the military. He also blasted Congress for being “oblivious” to the implications of ongoing and future national emergencies.

Applying the NEA—much like firing the FBI director or appointing an acting attorney general—is yet another presidential power that the media, Democrats, and anti-Trump Republicans would deny because the president happens to be Donald Trump. If protecting our southern border in order to stop a legitimate emergency that previous presidents also have identified as a crisis, then few, if any, events could surpass this ongoing humanitarian and security disaster that Congress refuses to solve.

If lawmakers on Capitol Hill suddenly are worried about how a Democratic president could abuse the NEA to impose drastic climate change policies or gun control, doesn’t it make sense to repeal the law now? If there is a legitimate and grave national emergency in the future, Congress and the president could address it together as need be.

Our laws are not capricious and subjective: they aren’t enforceable based on whether or not we like, or even trust, the person empowered with executing the law. Either let Trump exercise his legal authority and suffer any political consequences—or repeal the NEA. Congress can’t have it both ways.

Here's the list, via CNN, and as you can see, most aren't emergencies of any kind, but are just designed to prevent various foreign bad guys from escaping with their countries' treasuries. This may be the wrong approach, anyway. In the 90's, Peter Brimelow suggested giving Fidel Castro $5 billion to go away, and stop being dictator. It might be cheaper to let them keep their money, and give up their Army or whatever.

But nothing in here is as serious as the border crisis.

1. Blocking Iranian Government Property (Nov. 14, 1979)
2. Proliferation of Weapons of Mass Destruction (Nov. 14, 1994)
3. Prohibiting Transactions with Terrorists Who Threaten to Disrupt the Middle East Peace Process (January 23, 1995)
4. Prohibiting Certain Transactions with Respect to the Development of Iranian Petroleum Resources (March 15, 1995)
5. Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers (October 21, 1995)
6. Regulations of the Anchorage and Movement of Vessels with Respect to Cuba (March 1, 1996)
7. Blocking Sudanese Government Property and Prohibiting Transactions with Sudan (November 3, 1997)
8. Blocking Property of Persons Who Threaten International Stabilization Efforts in the Western Balkans (June 26, 2001)
9. Continuation of Export Control Regulations (August 17, 2001)
10. Declaration of National Emergency by Reason of Certain Terrorist Attacks (September 14, 2001)
11. Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism (September 23, 2001)
12. Blocking Property of Persons Undermining Democratic Processes or Institutions in Zimbabwe (March 6, 2003)
13. Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq has an Interest (May 22, 2003)
14. Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria (May 11, 2004)
15. Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus (June 16, 2006)
16. Blocking Property of Certain Persons Contributing to the Conflict in the Democratic Republic of the Congo (October 27, 2006)
17. Blocking Property of Persons Undermining the Sovereignty of Lebanon or Its Democratic Processes and Institutions (August 1, 2007)
18. Continuing Certain Restrictions with Respect to North Korea and North Korean Nationals (June 26, 2008)
19. Blocking Property of Certain Persons Contributing to the Conflict in Somalia (April 12, 2010)
20. Blocking Property and Prohibiting Certain Transactions Related to Libya (February 25, 2011)
21. Blocking Property of Transnational Criminal Organizations (July 25, 2011)
22. Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen (May 16, 2012)
23. Blocking Property of Certain Persons Contributing to the Situation in Ukraine (March 6, 2014)
24. Blocking Property of Certain Persons With Respect to South Sudan (April 3, 2014)
25. Blocking Property of Certain Persons Contributing to the Conflict in the Central African Republic (May 12, 2014)
26. Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Venezuela (March 9, 2015)
27. Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities (April 1, 2015)
28. Blocking Property of Certain Persons Contributing to the Situation in Burundi (November 23, 2015)
29. Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption (December 20, 2017)
30. Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election (September 12, 2018)
31. Blocking Property of Certain Persons Contributing to the Situation in Nicaragua (November 27, 2018)
Print Friendly and PDF