"To hold a pen is to be at War."
The argument is not whether POTUS has Executive right to declare National Emergency just so he can go around congress to build his wall, He obviously does have the authority to do so and I won't argue this point. I also will not spend time arguing the effectiveness of a wall. I do think that even though they are not 100% effective, they are effective nonetheless. The argument I am making, in regards to the possibility of the President using Executive powers to have his wall built is whether he should use these powers at all. I have often been a critic of "Ruling from the Oval Office" by issuing Executive Orders to circumvent congress, and this is no different.
How often did the right-wing zealots bitch about Obama using his "Executive Powers" to go around congress and issue laws and resolutions? It seems like the arguments against the overuse of E.O.s continued nonstop.
"In the United States, an executive order is a directive issued by the President of the United States that manages operations of the federal government and has the force of law. The legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives the president broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch. The ability to make such orders is also based on express or implied Acts of Congress that delegate to the President some degree of discretionary power "
Executive Orders do have the powers to go around Congress, but they also have to answer to a Judiciary Committee. Still, these are dangerous powers to give present-day Presidents, especially given the mounting extremism of the political parties. We are bound to see a President in the future use these same powers to issue an Environmental National Emergency, or worse, in a case of mass protests or rebellions, declare a National Emergency to issue Martial Law. This has the potential to allow the government to take over private markets, or possibly even use military force within the United States and against U.S. citizens. Mark my words, the normalization of this practice is bound to bite us citizens in the ass one day.
(a report by the Congressional Research Service in 2007 stated, “Under the powers delegated by such statutes, the president may seize property, organize and control the means of production, seize commodities, assign military forces abroad, institute martial law, seize and control all transportation and communication, regulate the operation of private enterprise, restrict travel, and, in a variety of ways, control the lives of United States citizens.”)
Executive Orders are a dangerous power to give the President, period, and though I agree Illegal Immigration is bad, It's not as critical as it was, even 5 years ago, considering trends in illegal immigration steadily decreasing per all statistics. I do think POTUS should continue to negotiate alternative ways to protect the border. Contrary to extreme right wing beliefs, there are many more ways than just a wall to do this. If we also consider that most illegal crossings comes through the Port of Entries, or from overstaying their visas, it is clear that there are smarter and cheaper ways to protect our borders. Again, I am not arguing against a wall. I agree that in some sections, it is imperative. What I am arguing is that the President should continue to pursue this endeavour the right way, through congress, perhaps limit the extent of the wall to only areas where it is most needed, offer the use of new, innovative, technological equipment, to strike a deal with Congress but do not to use Executive powers to declare National Emergency and bypass Congressional approval.
"The pen and the written word hold a great deal of power."
There is a reason why have 3 branches of the government, "Checks and Balances", and that is to make sure that no President, or any other branch of the government can rule unilaterally. If the President could not get his wall with an All Republican Congress, then should he get a wall at all? I understand the argument of those who claim that the Wall is drastically needed, and they may be right. However, in the United States, we have a system that makes sure that no ruling party gets everything they want and this is a system that, in my belief, has kept America from falling apart and Americans from killing each other. Baby steps; Screaming! Fighting! Debating! Compromise! Advancing at a pace where everyone gets only enough to stay satisfied and just enough to keep one motivated to keep fighting for a better Union.
I think we all, Democrats and Republicans alike, can agree that America has an Illegal Immigration problem, how drastic that problem is however, is still split down partisan lines and even though more Republicans than Democrats believe that a wall is the solution, many top Democratic Representatives have supported barricades and physical barriers in the past. This means that there is, in fact, a window for negotiation and compromise. Let's stop accusing one another of unfounded biases. No! Republicans are not Racists for wanting a secure border. No! Democrats do not want an open door policy for being against a wall. Once we get passed these ridiculous asservations, we can begin a real conversation. Regardless of the alarmism from the president, we have time to talk and come to a reasonable and sustainable solution, but what we can not do is create an atmosphere where the President of The United States grows comfortable with going around the people who WE have elected to represent us. This will inevitably lead us to an uncertain future and cast a shadow on our governance.
I understand that certain executive powers has its uses but these uses have begun to raise certain fears and questions for me.
What are we saying about our system of government if the Chief Executive can do whatever he wants when he doesn't get his way through our Checks and Balances?
Will Congress and their constituents grow complicite with these continued and expanding uses of executive powers, enabling future presidents to abuse their positions and rule as short term dictators?
What will the exercise of this power mean for the future of our country, and our American people?
These are the questions that I think all Americans should consider before applauding the uses of Executive Orders, Declarations or Memos , but, if one can not tear themselves free from partisan persuasions, then at least ask yourself, how you would respond if the other party were the ones making these decisions?
Don't be afraid....
That ringing you hear in your ears
is just a bit of ...