Obama did it. Since the invention of the presidential mechanism every president since has used “national declarations of emergency” for one reason or another. As the president pointed out in his announcement several of them for much less significant “emergencies” than his much argued “national security threat” with which he passionately claims dangerous elements are invading our nation. President Obama used the declaration a dozen times. And this writer would wager that unless you’ve gone recently to look them up, you would be hard pressed to name any of the dozen. At minimum, two dealt with immigration, and the need of the executive to enforce law and protect America.
Precedent. National Review Fellow and Contributing Editor, and former Chief Assistant U.S. Attorney Andrew McCarthy began his analysis of President Trump’s announcement by stating on my show, “While I may not like a President having this power, Constitutionally he’s been absolutely empowered to be able to do exactly what he’s done.” McCarthy is right. From Clinton who most accessed the action to Bush “43” and Obama the courts have consistently determined the chief executive was within his Constitutional right to declare such actions. Unlike the raging crazy stew boiling on Twitter, there is no requirement that Trump have an “invading uniformed force.” He also isn’t taking money that isn’t allocated and appropriated. All of the funds he is claiming will have been. These will include not only the billion plus of the monies in this year’s budget legislation but an additional three billion plus that will easily be properly defined from the Pentagon and Homeland Security as usable for border barrier development on the southern border. Of the eight billion he is laying claim to less than half of it will end up being budget reworks and even marginally questionable application of use. In addition McCarthy confirmed on my show that the President is on his strongest judicial grounds when the issue is framed as an act of “national defense.” Courts almost always back executive branch power to decide what constitutes such defense. They did so with Bush and Obama in launching man powered attacks with our military, and they did ultimately with every and ALL of Trump’s travel ban actions. Lastly the 9th Circuit—a court that sided against the President on multiple travel bans—just on Monday, ruled that the executive branch had broad discretion in building, repairing, and extending southern border barriers in a couple of limited locales. The President’s critics barely knew this ruling occurred and once brought to their attention usually attempt to argue that it was limited to the issues of public use and notification. Certainly it applies to those two areas. Nonetheless the use of the term “broad discretion” points to a consistent viewpoint in even our most liberal circuit that the president gets to make the decisions when it comes to national security.
It IS National Security. For some reason as soon as the president declared the national emergency the left side of twitter and the extreme left in America began to make memes about the President’s golf schedule, his ability to walk and chew gum, and attempt to discredit his declaration because of (get this) how long it took for him to declare it. (Back to what I was saying above this is oft-forgotten nearly biblically aged idea of being “long suffering.” Hence giving Congress every last chance possible to do the right thing.) The left’s actual argument that they honestly believe but dishonestly portray is that they just don’t care about security on the southern border. During the shutdown Democrat leadership was presented a combined report compiled by the military and the heads of each agency within the Department of Homeland Security in a private, closed door meeting. Upon the attempt to have the report explained to her—which had been based on years of data gathered from the military and DHS, Nancy Pelosi—the top elected Democrat in the nation—pushed back and said she rejected “the facts.” A literal refusal to acknowledge the conditions on the ground by the public servants who work there is what this amounted to. So with a heavy heart and having been given no other choice, the president had to decide, “Do we allow thousands more criminal aliens (17,000 apprehended since 2015,) more terrorists attempt to penetrate our territory (3,000 apprehended since 2015,) more drugs to kill our communities (enough fentanyl to kill more than 50 million Americans seized in the past ninety days,) and more human trafficking of women and children to occur?” President Trump decided these are national security threats. It is extremely unlikely that a court will decide they aren’t.
Democrats Are Working Against America. Nothing may be as overtly political in this debate as having watched the Democratic talking point on Immigration go from Presidents Clinton and Obama being in favor of “tougher border measures,” of seeing Obama build a few hundred miles of border barriers, and the current de facto position for Democrats of Beto O’Rourke saying we should “tear the existing walls down.” As someone who speaks with and hears from Americans daily this pendulum swing by Democratic leadership has not resonated with their base, and certainly not with the “rust belt” Trump Democrats that swung history’s most improbable election into an electoral landslide of 30 of 50 states on election night. Make no mistake, with Congresswoman Ilhan Omar questioning America’s right to defend herself… With Alexandria Ocasio-Cortez definitively calling America’s courts “anti-American” for affirming Trump’s travel bans that were found to be 100% Constitutional… And with Beto O’Rourke now openly saying that by building barriers on our southern border we are killing women and children… The Democratic personalities that have become the media darlings are making the “rust belt” equation worse for them. The church-going pro-union blue collar workers in the midwest that wondered if Trump would fight for their jobs, wages, and borders are being presented with an alternative of socialism, post birth abortions (infanticide), and open borders. The Democrats will lose this choice in historic numbers and by a larger margin than in 2016 if they do not change course.
Americans Still Demand It. Following the government shutdown that concluded on January 25, the day that the president signed the 21-day government authorization, and the day I predicted what “would happen” that has since occurred, another reality revealed itself. During the shutdown the media conducted snap polls asking America poorly worded questions about Trump building a concrete wall, 2000 miles, across the southern border. Even Trump supporters would answer that question negatively and with breathless wonder the media would then report the “unpopularity of Trump’s border security plans. Lulling themselves to sleep, believing the results of the fake polls, the Speaker of The House, withdrew an invitation for the President’s State Of The Union address. Believing themselves on even firmer ground they smirked as the shutdown continued. And when President Trump signed the 21 day government into existence they gloated. They even then re-invited the State of The Union to Capitol Hill. That night a turning point happened. 72%-76% of viewers liked the President’s speech of which a large chunk was used to lay out the rationale for the border protection. From that night until Friday’s declaration of a national emergency and the multiple national addresses the President has had to reinforce that rationale the President’s support and approval had increased in every poll taken. Ipsos, Harris, CNN, FoxNews, YouGov, Gallup all showed movement in Trump’s direction and in some of them he hit new highs. And in the Rasmussen poll—the only one two measure “likely voters” (as opposed to mere “registered voters”) Trump showed a 10% swing spending more than a week above 50%, and hitting a high of 52% (an amount greater than his election margin.) Latino support even surged from the mid-30’s to a record 51%. When asked about what all of this means, a staffer of a declared 2020 Democratic presidential candidate, “nothing good” came her reply.
Voters don’t turn to Twitter to get their information and the noise there is certainly disproportionate by comparison. So let me make this plain.
These five indicators explain why the Democrats have to some degree lost their minds in recent weeks.
These five indicators are as sound as they are sure.
Twitter hates them and mocks them but it can’t refute them.
The wall is being built. Trump is doing it.
Having given them every chance to partner with him in it, the Democrats now are forced in to a corner opposing it.
Which means they lose in 2020.