If the Democratic Congress refuses to appropriate money for border security that includes a wall, what can Trump do?  Alternatives would seem to fall into two areas:  1) declare a national emergency and use the defense budget, and 2) find another source of funding such as confiscated drug money, online donations, etc.  Let’s look at 1) right now, with a follow-up tomorrow on 2). 

There would definitely be a court challenge, because everything Trump tries to do is met with one.  Matt Naham at the Law & Crime website has examined the “national emergency” argument after Trump asserted that he has the power to bypass Congress by declaring a national emergency and building a physical barrier along the border.  He quotes a constitutional law expert, University of Texas Law Prof. Steve Vladeck, who said there’s precedent from one 1950s Supreme Court decision that will cause such an attempt to fail.

Vladeck said that “there was once a major #SCOTUS case in which the President seized property within the United States during what he claimed was a national emergency even though Congress hadn’t authorized him to do so.”  The President was Harry Truman, and the case was Youngstown Sheet & Tube Co. v. Sawyer.  The situation sounds very different to me, as it involves taking control of commercial businesses:  During the Korean War, Truman feared the consequences of a protracted steelworker strike, so he asserted control over the steel mills through Executive Order on national security grounds.  He was reined in by an opinion from Justice Hugo Black.

It does seem to me that right now, Trump should be talking mainly about getting the funds to build the wall, not the confiscation of private property through “military eminent domain.”  The question of eminent domain (with property owners being justly compensated) will become relevant in certain border areas as construction continues, but the ability to seize property is not the first issue to tackle.  He should focus on funding and construction where we can get it done without going to court with property owners.

Prof. Vladeck also noted that although there are laws on the books allowing “military construction projects” when a President has declared a national emergency, the amount spent must come out of “un-obligated” funds, meaning that they haven’t already been appropriated for other military construction, including family housing.  If Trump really is limited to that amount, he’ll have to do the math to see if he can get enough money that way.  I would also think this limitation would apply strictly to the physical wall and not to any manpower or technology that accompanies it.

You lawyers out there, what do you think?

https://lawandcrime.com/high-profile/legal-expert-trumps-idea-that-he-can-build-the-wall-on-national-emergency-grounds-is-destined-to-fail/

 

John Fund at NATIONAL REVIEW cited the same steel mill case.  He said, “Few legal scholars believe that the current Supreme Court --- the conservative portion of which is steeped in Federalist Society principles of limited government --- would give Trump the benefit of the doubt in a non-war situation.”

On the bright side, Fund cited the same law mentioned by Prof. Vladeck as a way of possibly getting the money.  Trump can legally use Defense Department funds that are “un-obligated” to fund construction projects during war or emergencies.  According to Harvard Law School Prof. Mark Tushnet, Trump is “on very solid legal ground” in doing this.

The problem comes if Trump tries to use “military eminent domain” to confiscate property.  According to Fund, the military owns less than one-third of the land adjoining Mexico.  (Note:  at least that’s one-third of the problem solved!  Start building.)  The rest belongs to local governments, Native American tribes and private property owners, some of whom may not want to sell.  As a real estate developer, Trump gained a reputation for not always giving due respect to private property rights when they got in the way of a big construction project.  He will need to exercise care when venturing into that area as President.

Fund cites a Quinnipiac poll from last month saying that although support for the wall has risen 10 percentage points in the past year, 54 percent said they didn’t think a wall was necessary for border security.  Experts in the field tell us it is, but Democratic politicians tell us it isn’t.  Come on, folks, who ya gonna believe?

To end the stalemate –- and the partial government shutdown –- Fund suggests a change in tactics.  Trump should brand Congress as irresponsible when it comes to border security (I call that choice of words “being kind.”) and say they’ve given him no alternative but to direct the Defense Department to use some of its unallocated funds for border construction projects.  Legally, it appears he’s in the clear to do this, so let’s go!

https://www.nationalreview.com/2019/01/trump-border-wall-construction-pentagon/

 

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Comments 26-50 of 60

  • Ruth Forester

    01/08/2019 06:25 PM

    I support the building of barriers, technologies, manpower PLUS effective legislation by Congress for immigration reform! Enabling the US to have control of who and what enters our country! Based on information made public, this IS DEFINITELY an national crisis that is growing!! I support our President in doing what is necessary to protect our national sovereignty and security! Thank you, Governor Huckabee! BTW, how can I contribute directly to the Trump political effort? I do not trust contributing to the GOP! There are too many of them who are likeRomney,Flake,Corker,etc...

  • Anne Lofranco

    01/08/2019 06:02 PM

    I think he should declare a state of emergency and appropriate the drug money as Sen. Ted Cruz suggested.

  • Carmine Fea

    01/08/2019 05:51 PM

    Illegal immigration is a real national emergency. Only a barrier will stop people from entering our country illegally when they come 2,000 to 6,000 at a time, as they are doing. And having no barrier in places, they get through, encouraging others to follow. Look at the harm and death illegals have brought to our citizens, look at CA that more and more resembles Venezuela because the state welcomes them and must take care of them, look at the burden they place on taxpayers, school systems, and hospital that rightfully must take care of them.

  • Kevin Schwinkendorf

    01/08/2019 05:42 PM

    So, where did Obama get the CASH ($1.5 billion) to give to Iran? I don't recall Congress passing any kind of spending authorization for THAT boondoggle!!!

  • Edward Beck

    01/08/2019 05:13 PM

    How about starting a gofund me account? I bet we could raise the money for the fence in a very short time.

  • Bill Paschall

    01/08/2019 05:08 PM

    Why can't the wall be a Civil Project done by the Army Corp of Engineers?

  • Sheriann Ferrell

    01/08/2019 04:49 PM

    This country is mad about lotteries. Why not have a Federal Lottery strictly to fund the border wall? With a little planning surely we could find safe locations for selling tickets. I should think such a lottery would take in a few billion at a time.

  • Barry Scruggins

    01/08/2019 04:40 PM

    I totally support President Trump in building the wall. He has tried to be nice by going thru Congress. They have fought him every step of the way. We know their reasons for not wanting it is not legitimate or rational. It is strictly political and will continue with everything President Trump tries to do. With that being said, I the President should declare a State of Emergency ?? and build the wall. The Democrats are willing to give Mexico 50 billion and can’t give America 5.6 billion for our security. Seems to me they are the corrupt one involved in child sex trafficking and other horrific crimes against America and across the globe. Arrest the cabal. Tick Toc ! Q

  • Karen L Johnson

    01/08/2019 04:31 PM

    There will be no allowing Trump any kind of victory at all it seems. Hard to understand when the media and the Democrats know something needs to be done. Praying that we find a way to end the stalemate.

  • Susan Schmitt

    01/08/2019 04:23 PM

    I am so sick of the Democrats. I can hardly stand it. The people want the wall! BUILD THE DAMN WALL! I have never felt so completely depressed about this country. How on earth did we get people in Congress who want to destroy us. ( The Muslim lady) I worry all the time about my grandchildren and great grandchildren. That veteran has raised 18 million dollars for the wall. Use that! Another suggestion: use the men from the caravan who want to work. Pay them and vet them. If they work hard, are honest, maybe they could come in. If not, send them back.

  • Bob Boynton

    01/08/2019 04:18 PM

    Go build the wall now and be happy like those in Israel. THE WALL WORKS!

  • Bernadette Dillon

    01/08/2019 04:07 PM

    President Trump needs to stick to his guns. He needs to handle the overcrowding of illegal immigrants by putting them on the other side of the wall. He needs to build the wall out into the ocean and put up shark towers to monitor the Mexico side and digger sensors for people trying to go under the wall.

  • Linda Zimmerle

    01/08/2019 04:05 PM

    BUILD THE WALL!!!!! Whatever it takes. I stand with our President!

  • Beverly K. Mather

    01/08/2019 04:04 PM

    We are living at a time not knowing what is the right way of doing everything. I am so thankful for you Mike Huckabee for giving us a better understanding of what is going on. Beverly Mather

  • Judy Kampia

    01/08/2019 04:02 PM

    Perhaps a legal expert could tell me if it would be easier for public contributions to go towards a border wall if it were a MEMORIAL WALL, such as "The Brian Terry Memorial Wall," "Kate Steinle Memorial Wall" or "In Memory of Border Patrol Agents killed or injured in the line of duty." It could be similar to other memorials built by private funds. Would that make it more palatable to Democrats? Would we still need the same permission to use the funds toward it?

  • Joseph

    01/08/2019 03:35 PM

    this is so sad that these political games have to be played when our National Security is on the line. It isn't republicans it is all on the leftist Democrats and their single minded hatred for some one who is trying to reverse the Damage the last president inflicted on this Country. People of America either have to stand as Americans if not they need to give up their citizenships and move to a country that operates their way and not the American way.

  • Jeff Myers

    01/08/2019 03:20 PM

    Governor Huckabee, I have written to Fox News and Tucker Carlson about the possibility of Fox organizing a national telethon to raise funds for the construction of the southern border wall. That has been about 5 days ago and have heard no response yet. The Go Fund Me site for building the wall has raise about $17 million with a little over 317,000 folks contributing. I would think a organized high profile telethon with conservative entertainers and sports figures as well as statesmen like yourself would raise tremendous amounts of money and also show the Fox Network how many Americans support and watch their Network. We may exceed expectations or we may fall short, but at least we will have sent a message to all voters and potential voters how we desire secure borders and how those on the left do not seem to care about the security of our country. This could also be a tremendous opportunity to kick off the 2020 election and to help recapture the House and build the majority in the Senate.

  • Amie Vandiver

    01/08/2019 03:02 PM

    The gofundme page by the veteran, will it be useful and can it be used for the purpose intended?

  • Rebecca Overton

    01/08/2019 02:58 PM

    The last paragraph is outstanding and a viable solution to protect our safety against those who refuse to uphold their oath to the Constitution!

  • Paul Parris

    01/08/2019 02:47 PM

    I was thinking this morning, I would
    donate to building the wall! Couldn't do much, but there's power in numbers! Who wouldn't give a few bucks to get the wall built. Yeah, I know the answer.

  • Susan Schmitt

    01/08/2019 02:43 PM

    I am so tired of hearing the debate about the wall.
    BUILD THE WALL NOW!
    This is a different day, and our country is very vulnerable to evil people. If God can build walls to protect his children, why is this so different?
    Prayer is needed by all concerned in the decision. God will still lead his childern, of this I am sure.
    In His love,
    Susan
    Former preacher wife (widow).

  • tom jeffs

    01/08/2019 02:31 PM

    FED CHAIR HERMAN CAIN - - - - - - -

    WE NEED HIM NOW ! ! ! ! ! ! !

  • Betty Holmes

    01/08/2019 02:16 PM

    Did not appreciate Chris Wallace's attack on Sarah Huckabee Sanders, spokesperson for the President, on Fox News Sunday. He seems to always try to show the Republicans and the White House to be incorrect, and putting forth false information. I am no longer interested in watching Fox News Sunday, for what that's worth...

  • Betty Holmes

    01/08/2019 02:16 PM

    Did not appreciate Chris Wallace's attack on Sarah Huckabee Sanders, spokesperson for the President, on Fox News Sunday. He seems to always try to show the Republicans and the White House to be incorrect, and putting forth false information. I am no longer interested in watching Fox News Sunday, for what that's worth...

  • Betty Holmes

    01/08/2019 02:16 PM

    Did not appreciate Chris Wallace's attack on Sarah Huckabee Sanders, spokesperson for the President, on Fox News Sunday. He seems to always try to show the Republicans and the White House to be incorrect, and putting forth false information. I am no longer interested in watching Fox News Sunday, for what that's worth...

If the Democratic Congress refuses to appropriate money for border security that includes a wall, what can Trump do?  Alternatives would seem to fall into two areas:  1) declare a national emergency and use the defense budget, and 2) find another source of funding such as confiscated drug money, online donations, etc.  Let’s look at 1) right now, with a follow-up tomorrow on 2). 

There would definitely be a court challenge, because everything Trump tries to do is met with one.  Matt Naham at the Law & Crime website has examined the “national emergency” argument after Trump asserted that he has the power to bypass Congress by declaring a national emergency and building a physical barrier along the border.  He quotes a constitutional law expert, University of Texas Law Prof. Steve Vladeck, who said there’s precedent from one 1950s Supreme Court decision that will cause such an attempt to fail.

Vladeck said that “there was once a major #SCOTUS case in which the President seized property within the United States during what he claimed was a national emergency even though Congress hadn’t authorized him to do so.”  The President was Harry Truman, and the case was Youngstown Sheet & Tube Co. v. Sawyer.  The situation sounds very different to me, as it involves taking control of commercial businesses:  During the Korean War, Truman feared the consequences of a protracted steelworker strike, so he asserted control over the steel mills through Executive Order on national security grounds.  He was reined in by an opinion from Justice Hugo Black.

It does seem to me that right now, Trump should be talking mainly about getting the funds to build the wall, not the confiscation of private property through “military eminent domain.”  The question of eminent domain (with property owners being justly compensated) will become relevant in certain border areas as construction continues, but the ability to seize property is not the first issue to tackle.  He should focus on funding and construction where we can get it done without going to court with property owners.

Prof. Vladeck also noted that although there are laws on the books allowing “military construction projects” when a President has declared a national emergency, the amount spent must come out of “un-obligated” funds, meaning that they haven’t already been appropriated for other military construction, including family housing.  If Trump really is limited to that amount, he’ll have to do the math to see if he can get enough money that way.  I would also think this limitation would apply strictly to the physical wall and not to any manpower or technology that accompanies it.

You lawyers out there, what do you think?

https://lawandcrime.com/high-profile/legal-expert-trumps-idea-that-he-can-build-the-wall-on-national-emergency-grounds-is-destined-to-fail/

 

John Fund at NATIONAL REVIEW cited the same steel mill case.  He said, “Few legal scholars believe that the current Supreme Court --- the conservative portion of which is steeped in Federalist Society principles of limited government --- would give Trump the benefit of the doubt in a non-war situation.”

On the bright side, Fund cited the same law mentioned by Prof. Vladeck as a way of possibly getting the money.  Trump can legally use Defense Department funds that are “un-obligated” to fund construction projects during war or emergencies.  According to Harvard Law School Prof. Mark Tushnet, Trump is “on very solid legal ground” in doing this.

The problem comes if Trump tries to use “military eminent domain” to confiscate property.  According to Fund, the military owns less than one-third of the land adjoining Mexico.  (Note:  at least that’s one-third of the problem solved!  Start building.)  The rest belongs to local governments, Native American tribes and private property owners, some of whom may not want to sell.  As a real estate developer, Trump gained a reputation for not always giving due respect to private property rights when they got in the way of a big construction project.  He will need to exercise care when venturing into that area as President.

Fund cites a Quinnipiac poll from last month saying that although support for the wall has risen 10 percentage points in the past year, 54 percent said they didn’t think a wall was necessary for border security.  Experts in the field tell us it is, but Democratic politicians tell us it isn’t.  Come on, folks, who ya gonna believe?

To end the stalemate –- and the partial government shutdown –- Fund suggests a change in tactics.  Trump should brand Congress as irresponsible when it comes to border security (I call that choice of words “being kind.”) and say they’ve given him no alternative but to direct the Defense Department to use some of its unallocated funds for border construction projects.  Legally, it appears he’s in the clear to do this, so let’s go!

https://www.nationalreview.com/2019/01/trump-border-wall-construction-pentagon/

 

LEAVE ME A COMMENT BY CLICKING HERE. I READ THEM!

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BBML accepted!
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More Stories

YES, George Soros is involved with Justice Democrats

The REAL story about "The Squad"

Trump's tweets

Comments 26-50 of 60

  • Ruth Forester

    01/08/2019 06:25 PM

    I support the building of barriers, technologies, manpower PLUS effective legislation by Congress for immigration reform! Enabling the US to have control of who and what enters our country! Based on information made public, this IS DEFINITELY an national crisis that is growing!! I support our President in doing what is necessary to protect our national sovereignty and security! Thank you, Governor Huckabee! BTW, how can I contribute directly to the Trump political effort? I do not trust contributing to the GOP! There are too many of them who are likeRomney,Flake,Corker,etc...

  • Anne Lofranco

    01/08/2019 06:02 PM

    I think he should declare a state of emergency and appropriate the drug money as Sen. Ted Cruz suggested.

  • Carmine Fea

    01/08/2019 05:51 PM

    Illegal immigration is a real national emergency. Only a barrier will stop people from entering our country illegally when they come 2,000 to 6,000 at a time, as they are doing. And having no barrier in places, they get through, encouraging others to follow. Look at the harm and death illegals have brought to our citizens, look at CA that more and more resembles Venezuela because the state welcomes them and must take care of them, look at the burden they place on taxpayers, school systems, and hospital that rightfully must take care of them.

  • Kevin Schwinkendorf

    01/08/2019 05:42 PM

    So, where did Obama get the CASH ($1.5 billion) to give to Iran? I don't recall Congress passing any kind of spending authorization for THAT boondoggle!!!

  • Edward Beck

    01/08/2019 05:13 PM

    How about starting a gofund me account? I bet we could raise the money for the fence in a very short time.

  • Bill Paschall

    01/08/2019 05:08 PM

    Why can't the wall be a Civil Project done by the Army Corp of Engineers?

  • Sheriann Ferrell

    01/08/2019 04:49 PM

    This country is mad about lotteries. Why not have a Federal Lottery strictly to fund the border wall? With a little planning surely we could find safe locations for selling tickets. I should think such a lottery would take in a few billion at a time.

  • Barry Scruggins

    01/08/2019 04:40 PM

    I totally support President Trump in building the wall. He has tried to be nice by going thru Congress. They have fought him every step of the way. We know their reasons for not wanting it is not legitimate or rational. It is strictly political and will continue with everything President Trump tries to do. With that being said, I the President should declare a State of Emergency ?? and build the wall. The Democrats are willing to give Mexico 50 billion and can’t give America 5.6 billion for our security. Seems to me they are the corrupt one involved in child sex trafficking and other horrific crimes against America and across the globe. Arrest the cabal. Tick Toc ! Q

  • Karen L Johnson

    01/08/2019 04:31 PM

    There will be no allowing Trump any kind of victory at all it seems. Hard to understand when the media and the Democrats know something needs to be done. Praying that we find a way to end the stalemate.

  • Susan Schmitt

    01/08/2019 04:23 PM

    I am so sick of the Democrats. I can hardly stand it. The people want the wall! BUILD THE DAMN WALL! I have never felt so completely depressed about this country. How on earth did we get people in Congress who want to destroy us. ( The Muslim lady) I worry all the time about my grandchildren and great grandchildren. That veteran has raised 18 million dollars for the wall. Use that! Another suggestion: use the men from the caravan who want to work. Pay them and vet them. If they work hard, are honest, maybe they could come in. If not, send them back.

  • Bob Boynton

    01/08/2019 04:18 PM

    Go build the wall now and be happy like those in Israel. THE WALL WORKS!

  • Bernadette Dillon

    01/08/2019 04:07 PM

    President Trump needs to stick to his guns. He needs to handle the overcrowding of illegal immigrants by putting them on the other side of the wall. He needs to build the wall out into the ocean and put up shark towers to monitor the Mexico side and digger sensors for people trying to go under the wall.

  • Linda Zimmerle

    01/08/2019 04:05 PM

    BUILD THE WALL!!!!! Whatever it takes. I stand with our President!

  • Beverly K. Mather

    01/08/2019 04:04 PM

    We are living at a time not knowing what is the right way of doing everything. I am so thankful for you Mike Huckabee for giving us a better understanding of what is going on. Beverly Mather

  • Judy Kampia

    01/08/2019 04:02 PM

    Perhaps a legal expert could tell me if it would be easier for public contributions to go towards a border wall if it were a MEMORIAL WALL, such as "The Brian Terry Memorial Wall," "Kate Steinle Memorial Wall" or "In Memory of Border Patrol Agents killed or injured in the line of duty." It could be similar to other memorials built by private funds. Would that make it more palatable to Democrats? Would we still need the same permission to use the funds toward it?

  • Joseph

    01/08/2019 03:35 PM

    this is so sad that these political games have to be played when our National Security is on the line. It isn't republicans it is all on the leftist Democrats and their single minded hatred for some one who is trying to reverse the Damage the last president inflicted on this Country. People of America either have to stand as Americans if not they need to give up their citizenships and move to a country that operates their way and not the American way.

  • Jeff Myers

    01/08/2019 03:20 PM

    Governor Huckabee, I have written to Fox News and Tucker Carlson about the possibility of Fox organizing a national telethon to raise funds for the construction of the southern border wall. That has been about 5 days ago and have heard no response yet. The Go Fund Me site for building the wall has raise about $17 million with a little over 317,000 folks contributing. I would think a organized high profile telethon with conservative entertainers and sports figures as well as statesmen like yourself would raise tremendous amounts of money and also show the Fox Network how many Americans support and watch their Network. We may exceed expectations or we may fall short, but at least we will have sent a message to all voters and potential voters how we desire secure borders and how those on the left do not seem to care about the security of our country. This could also be a tremendous opportunity to kick off the 2020 election and to help recapture the House and build the majority in the Senate.

  • Amie Vandiver

    01/08/2019 03:02 PM

    The gofundme page by the veteran, will it be useful and can it be used for the purpose intended?

  • Rebecca Overton

    01/08/2019 02:58 PM

    The last paragraph is outstanding and a viable solution to protect our safety against those who refuse to uphold their oath to the Constitution!

  • Paul Parris

    01/08/2019 02:47 PM

    I was thinking this morning, I would
    donate to building the wall! Couldn't do much, but there's power in numbers! Who wouldn't give a few bucks to get the wall built. Yeah, I know the answer.

  • Susan Schmitt

    01/08/2019 02:43 PM

    I am so tired of hearing the debate about the wall.
    BUILD THE WALL NOW!
    This is a different day, and our country is very vulnerable to evil people. If God can build walls to protect his children, why is this so different?
    Prayer is needed by all concerned in the decision. God will still lead his childern, of this I am sure.
    In His love,
    Susan
    Former preacher wife (widow).

  • tom jeffs

    01/08/2019 02:31 PM

    FED CHAIR HERMAN CAIN - - - - - - -

    WE NEED HIM NOW ! ! ! ! ! ! !

  • Betty Holmes

    01/08/2019 02:16 PM

    Did not appreciate Chris Wallace's attack on Sarah Huckabee Sanders, spokesperson for the President, on Fox News Sunday. He seems to always try to show the Republicans and the White House to be incorrect, and putting forth false information. I am no longer interested in watching Fox News Sunday, for what that's worth...

  • Betty Holmes

    01/08/2019 02:16 PM

    Did not appreciate Chris Wallace's attack on Sarah Huckabee Sanders, spokesperson for the President, on Fox News Sunday. He seems to always try to show the Republicans and the White House to be incorrect, and putting forth false information. I am no longer interested in watching Fox News Sunday, for what that's worth...

  • Betty Holmes

    01/08/2019 02:16 PM

    Did not appreciate Chris Wallace's attack on Sarah Huckabee Sanders, spokesperson for the President, on Fox News Sunday. He seems to always try to show the Republicans and the White House to be incorrect, and putting forth false information. I am no longer interested in watching Fox News Sunday, for what that's worth...

If the Democratic Congress refuses to appropriate money for border security that includes a wall, what can Trump do?  Alternatives would seem to fall into two areas:  1) declare a national emergency and use the defense budget, and 2) find another source of funding such as confiscated drug money, online donations, etc.  Let’s look at 1) right now, with a follow-up tomorrow on 2). 

There would definitely be a court challenge, because everything Trump tries to do is met with one.  Matt Naham at the Law & Crime website has examined the “national emergency” argument after Trump asserted that he has the power to bypass Congress by declaring a national emergency and building a physical barrier along the border.  He quotes a constitutional law expert, University of Texas Law Prof. Steve Vladeck, who said there’s precedent from one 1950s Supreme Court decision that will cause such an attempt to fail.

Vladeck said that “there was once a major #SCOTUS case in which the President seized property within the United States during what he claimed was a national emergency even though Congress hadn’t authorized him to do so.”  The President was Harry Truman, and the case was Youngstown Sheet & Tube Co. v. Sawyer.  The situation sounds very different to me, as it involves taking control of commercial businesses:  During the Korean War, Truman feared the consequences of a protracted steelworker strike, so he asserted control over the steel mills through Executive Order on national security grounds.  He was reined in by an opinion from Justice Hugo Black.

It does seem to me that right now, Trump should be talking mainly about getting the funds to build the wall, not the confiscation of private property through “military eminent domain.”  The question of eminent domain (with property owners being justly compensated) will become relevant in certain border areas as construction continues, but the ability to seize property is not the first issue to tackle.  He should focus on funding and construction where we can get it done without going to court with property owners.

Prof. Vladeck also noted that although there are laws on the books allowing “military construction projects” when a President has declared a national emergency, the amount spent must come out of “un-obligated” funds, meaning that they haven’t already been appropriated for other military construction, including family housing.  If Trump really is limited to that amount, he’ll have to do the math to see if he can get enough money that way.  I would also think this limitation would apply strictly to the physical wall and not to any manpower or technology that accompanies it.

You lawyers out there, what do you think?

https://lawandcrime.com/high-profile/legal-expert-trumps-idea-that-he-can-build-the-wall-on-national-emergency-grounds-is-destined-to-fail/

 

John Fund at NATIONAL REVIEW cited the same steel mill case.  He said, “Few legal scholars believe that the current Supreme Court --- the conservative portion of which is steeped in Federalist Society principles of limited government --- would give Trump the benefit of the doubt in a non-war situation.”

On the bright side, Fund cited the same law mentioned by Prof. Vladeck as a way of possibly getting the money.  Trump can legally use Defense Department funds that are “un-obligated” to fund construction projects during war or emergencies.  According to Harvard Law School Prof. Mark Tushnet, Trump is “on very solid legal ground” in doing this.

The problem comes if Trump tries to use “military eminent domain” to confiscate property.  According to Fund, the military owns less than one-third of the land adjoining Mexico.  (Note:  at least that’s one-third of the problem solved!  Start building.)  The rest belongs to local governments, Native American tribes and private property owners, some of whom may not want to sell.  As a real estate developer, Trump gained a reputation for not always giving due respect to private property rights when they got in the way of a big construction project.  He will need to exercise care when venturing into that area as President.

Fund cites a Quinnipiac poll from last month saying that although support for the wall has risen 10 percentage points in the past year, 54 percent said they didn’t think a wall was necessary for border security.  Experts in the field tell us it is, but Democratic politicians tell us it isn’t.  Come on, folks, who ya gonna believe?

To end the stalemate –- and the partial government shutdown –- Fund suggests a change in tactics.  Trump should brand Congress as irresponsible when it comes to border security (I call that choice of words “being kind.”) and say they’ve given him no alternative but to direct the Defense Department to use some of its unallocated funds for border construction projects.  Legally, it appears he’s in the clear to do this, so let’s go!

https://www.nationalreview.com/2019/01/trump-border-wall-construction-pentagon/

 

LEAVE ME A COMMENT BY CLICKING HERE. I READ THEM!

Leave a Comment

Note: Fields marked with an * are required.

Your Information
Your Comment
BBML accepted!
Captcha

More Stories

YES, George Soros is involved with Justice Democrats

The REAL story about "The Squad"

Trump's tweets

Comments 26-50 of 60

  • Ruth Forester

    01/08/2019 06:25 PM

    I support the building of barriers, technologies, manpower PLUS effective legislation by Congress for immigration reform! Enabling the US to have control of who and what enters our country! Based on information made public, this IS DEFINITELY an national crisis that is growing!! I support our President in doing what is necessary to protect our national sovereignty and security! Thank you, Governor Huckabee! BTW, how can I contribute directly to the Trump political effort? I do not trust contributing to the GOP! There are too many of them who are likeRomney,Flake,Corker,etc...

  • Anne Lofranco

    01/08/2019 06:02 PM

    I think he should declare a state of emergency and appropriate the drug money as Sen. Ted Cruz suggested.

  • Carmine Fea

    01/08/2019 05:51 PM

    Illegal immigration is a real national emergency. Only a barrier will stop people from entering our country illegally when they come 2,000 to 6,000 at a time, as they are doing. And having no barrier in places, they get through, encouraging others to follow. Look at the harm and death illegals have brought to our citizens, look at CA that more and more resembles Venezuela because the state welcomes them and must take care of them, look at the burden they place on taxpayers, school systems, and hospital that rightfully must take care of them.

  • Kevin Schwinkendorf

    01/08/2019 05:42 PM

    So, where did Obama get the CASH ($1.5 billion) to give to Iran? I don't recall Congress passing any kind of spending authorization for THAT boondoggle!!!

  • Edward Beck

    01/08/2019 05:13 PM

    How about starting a gofund me account? I bet we could raise the money for the fence in a very short time.

  • Bill Paschall

    01/08/2019 05:08 PM

    Why can't the wall be a Civil Project done by the Army Corp of Engineers?

  • Sheriann Ferrell

    01/08/2019 04:49 PM

    This country is mad about lotteries. Why not have a Federal Lottery strictly to fund the border wall? With a little planning surely we could find safe locations for selling tickets. I should think such a lottery would take in a few billion at a time.

  • Barry Scruggins

    01/08/2019 04:40 PM

    I totally support President Trump in building the wall. He has tried to be nice by going thru Congress. They have fought him every step of the way. We know their reasons for not wanting it is not legitimate or rational. It is strictly political and will continue with everything President Trump tries to do. With that being said, I the President should declare a State of Emergency ?? and build the wall. The Democrats are willing to give Mexico 50 billion and can’t give America 5.6 billion for our security. Seems to me they are the corrupt one involved in child sex trafficking and other horrific crimes against America and across the globe. Arrest the cabal. Tick Toc ! Q

  • Karen L Johnson

    01/08/2019 04:31 PM

    There will be no allowing Trump any kind of victory at all it seems. Hard to understand when the media and the Democrats know something needs to be done. Praying that we find a way to end the stalemate.

  • Susan Schmitt

    01/08/2019 04:23 PM

    I am so sick of the Democrats. I can hardly stand it. The people want the wall! BUILD THE DAMN WALL! I have never felt so completely depressed about this country. How on earth did we get people in Congress who want to destroy us. ( The Muslim lady) I worry all the time about my grandchildren and great grandchildren. That veteran has raised 18 million dollars for the wall. Use that! Another suggestion: use the men from the caravan who want to work. Pay them and vet them. If they work hard, are honest, maybe they could come in. If not, send them back.

  • Bob Boynton

    01/08/2019 04:18 PM

    Go build the wall now and be happy like those in Israel. THE WALL WORKS!

  • Bernadette Dillon

    01/08/2019 04:07 PM

    President Trump needs to stick to his guns. He needs to handle the overcrowding of illegal immigrants by putting them on the other side of the wall. He needs to build the wall out into the ocean and put up shark towers to monitor the Mexico side and digger sensors for people trying to go under the wall.

  • Linda Zimmerle

    01/08/2019 04:05 PM

    BUILD THE WALL!!!!! Whatever it takes. I stand with our President!

  • Beverly K. Mather

    01/08/2019 04:04 PM

    We are living at a time not knowing what is the right way of doing everything. I am so thankful for you Mike Huckabee for giving us a better understanding of what is going on. Beverly Mather

  • Judy Kampia

    01/08/2019 04:02 PM

    Perhaps a legal expert could tell me if it would be easier for public contributions to go towards a border wall if it were a MEMORIAL WALL, such as "The Brian Terry Memorial Wall," "Kate Steinle Memorial Wall" or "In Memory of Border Patrol Agents killed or injured in the line of duty." It could be similar to other memorials built by private funds. Would that make it more palatable to Democrats? Would we still need the same permission to use the funds toward it?

  • Joseph

    01/08/2019 03:35 PM

    this is so sad that these political games have to be played when our National Security is on the line. It isn't republicans it is all on the leftist Democrats and their single minded hatred for some one who is trying to reverse the Damage the last president inflicted on this Country. People of America either have to stand as Americans if not they need to give up their citizenships and move to a country that operates their way and not the American way.

  • Jeff Myers

    01/08/2019 03:20 PM

    Governor Huckabee, I have written to Fox News and Tucker Carlson about the possibility of Fox organizing a national telethon to raise funds for the construction of the southern border wall. That has been about 5 days ago and have heard no response yet. The Go Fund Me site for building the wall has raise about $17 million with a little over 317,000 folks contributing. I would think a organized high profile telethon with conservative entertainers and sports figures as well as statesmen like yourself would raise tremendous amounts of money and also show the Fox Network how many Americans support and watch their Network. We may exceed expectations or we may fall short, but at least we will have sent a message to all voters and potential voters how we desire secure borders and how those on the left do not seem to care about the security of our country. This could also be a tremendous opportunity to kick off the 2020 election and to help recapture the House and build the majority in the Senate.

  • Amie Vandiver

    01/08/2019 03:02 PM

    The gofundme page by the veteran, will it be useful and can it be used for the purpose intended?

  • Rebecca Overton

    01/08/2019 02:58 PM

    The last paragraph is outstanding and a viable solution to protect our safety against those who refuse to uphold their oath to the Constitution!

  • Paul Parris

    01/08/2019 02:47 PM

    I was thinking this morning, I would
    donate to building the wall! Couldn't do much, but there's power in numbers! Who wouldn't give a few bucks to get the wall built. Yeah, I know the answer.

  • Susan Schmitt

    01/08/2019 02:43 PM

    I am so tired of hearing the debate about the wall.
    BUILD THE WALL NOW!
    This is a different day, and our country is very vulnerable to evil people. If God can build walls to protect his children, why is this so different?
    Prayer is needed by all concerned in the decision. God will still lead his childern, of this I am sure.
    In His love,
    Susan
    Former preacher wife (widow).

  • tom jeffs

    01/08/2019 02:31 PM

    FED CHAIR HERMAN CAIN - - - - - - -

    WE NEED HIM NOW ! ! ! ! ! ! !

  • Betty Holmes

    01/08/2019 02:16 PM

    Did not appreciate Chris Wallace's attack on Sarah Huckabee Sanders, spokesperson for the President, on Fox News Sunday. He seems to always try to show the Republicans and the White House to be incorrect, and putting forth false information. I am no longer interested in watching Fox News Sunday, for what that's worth...

  • Betty Holmes

    01/08/2019 02:16 PM

    Did not appreciate Chris Wallace's attack on Sarah Huckabee Sanders, spokesperson for the President, on Fox News Sunday. He seems to always try to show the Republicans and the White House to be incorrect, and putting forth false information. I am no longer interested in watching Fox News Sunday, for what that's worth...

  • Betty Holmes

    01/08/2019 02:16 PM

    Did not appreciate Chris Wallace's attack on Sarah Huckabee Sanders, spokesperson for the President, on Fox News Sunday. He seems to always try to show the Republicans and the White House to be incorrect, and putting forth false information. I am no longer interested in watching Fox News Sunday, for what that's worth...