Mark Levin eviscerates the argument against using the National Emergencies Act

· February 15, 2019  
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The mainstream media has begun its ritual of hysteria in response to President Trump’s intention to declare a national emergency on the southern border to appropriate military funding to build the wall. A headline from NBC News declares Trump is “forcing a constitutional crisis.” Even some Republican senators are saying the president shouldn’t declare a national emergency.

In a Facebook note, LevinTV host Mark Levin tears that argument apart:

Leftwing media and RINOs don’t represent the GOP. Nor are they defenders of the Constitution. The National Emergencies Act of 1976 was created by Congress. It has been used scores of times. The media never cared. The RINOs never said a word before. Nor did they act to repeal it. Now they object? Look at Rubio. He opposes the government shutdown, he opposes the bill the Congress passed and the president signed (he’s right about that), and he opposes use of the National Emergencies Act. Effectively, then, he would leave the border wide open since he has no practical solution and objects the to the president using any of his powers to act. And the so-called comprehensive immigration reform he helped author several years ago demonstrated what a failure the Gang of Eight members were in tackling this problem.

Many of the same Republicans whining to the leftwing media today have been in office for years and tolerated if not passively supported the current state of immigration chaos. Furthermore, none of these RINOs did anything legislatively that stopped the blatantly unconstitutional Obama/Democrat DACA, which they now support or, again, effectively tolerate, along with sanctuary cities and lawless judges who protect them. So much for their legal and constitutional bona fides.

While the National Emergencies Act of 1976 should be rarely used for real emergencies, it has in fact been used over fifty times without controversy. The fact is the leftwing media and the RINOs do not view illegal immigration and the cumulative importation of millions of aliens into our country in violation of federal law as a big deal. If they did, they would’ve acted long before Trump became president. The president rightly does view it as an emergency. The law itself, as used by the president, does not violate separation of powers in this instance as it is applied quite narrowly, with the president moving around funds which he is empowered to do by Congress.

Meanwhile, the leftwing media and the RINOs don’t mind at all the creation of the entire massive bureaucracy and the delegation of law-making to it by Congress, over the period of the last century, which delegation has always violated separation of powers. We now call it the administrative state or swamp. Not a single conservative in Congress has even tried to do anything effective about it. And the pseudo-constitutionalists of today haven’t given a damn about it either.


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Author: Chris Pandolfo

Chris Pandolfo is a staff writer and type-shouter for Conservative Review. He holds a B.A. in politics and economics from Hillsdale College. His interests are conservative political philosophy, the American founding, and progressive rock. Follow him on Twitter for doom-saying and great album recommendations @ChrisCPandolfo.

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