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12 Republican Senators Vote To Maintain Disastrous Status Quo On Southern Border

Romney GOP Senators
Twelve Republican Senators yesterday voted to maintain the disastrous status quo on our southern border by joining Democrats to pass the resolution disapproving President Trump’s declaration of a national emergency by a vote of 59 to 41.

One of the few Republican Senators to step forward and cogently make the case for President Trump’s declaration of a national emergency at the southern border was Senator Tom Cotton of Arkansas, who said in part:

The president has declared a national emergency because of this crisis. Yet the administration’s sensible, long overdue efforts to secure the border have been met only by howls of outrage from the Democratic Party and its media wing. Judging from their reaction, you’d think the real emergency wasn’t our lawless border but any genuine effort to secure it. The minority leader called the president’s emergency declaration “a lawless act” that showed “naked contempt for the rule of law.” Other members of the self-styled “Resistance” have compared the president to Hitler.

Curious, overheated claims, I have to say. To be “lawless,” after all, one must act outside the law. Yet the president’s critics don’t even bother making that case, probably because they don’t have much of one to make. The president isn’t purporting to invoke his inherent executive powers under Article II of the Constitution. He doesn’t even claim to defend his constitutional prerogatives from legislative encroachment.

On the contrary, he is only exercising the statutory authority delegated to him by us. By this very body: The United States Congress. More than half of the $8.1 billion the president is using to build the wall and secure the border comes from non-emergency statutes passed by Congress. The remainder comes from an explicit delegation of various powers to the president in the event of a national emergency, just like the one that the president has declared, which we also delegated him the authority to do. I should add that the National Emergencies Act passed nearly unanimously, with only five no votes in the House.

The twelve Republicans who were not swayed by Sen. Cotton’s sensible constitutional arguments represent a cross section of the fractured and out-of-touch Capitol Hill Republican Party’s coalition of virtue signaling windbags, constitutional nincompoops and globalist establishment tools:

Romney

Collins

Alexander

Blunt

Lee

Moran

Murkowski

Paul

Portman

Rubio

Toomey

Wicker

The greatest disappointments among the twelve were Senators Lee, Paul and Toomey who bought into the phony constitutional argument that the President’s Article II duties can be trumped congressional dereliction.

The problem we have with Senators Lee, Paul and Toomey’s argument against the declaration of a national emergency at our southern border is two-fold.

First, it rests upon the faulty constitutional premise that the funds the President plans to use haven’t been appropriated for national security purposes, and second, it overlooks the constitutional duty imposed upon the President to defend the borders and sovereignty of the United States.

We could add that the emergency is one created by congressional dereliction of its duty to defend the borders and sovereignty of the United States, but it would take another column, or more correctly book, to recapitulate the congressional dereliction that imposed upon President Trump the necessity of declaring the border emergency.

The three Senators whom we would normally expect better from seem stuck on the Constitution’s Article I, Section 9, Clause 7 language that states, “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law…” with those opposing executive action to build the Wall arguing that after a lengthy voyage through the courts, the Supreme Court would likely find that the President lacked the constitutional authority to build the Wall without a congressional appropriation for that purpose.

However, it is our view that President’s inherent power under Article II gives him the authority to reprogram funds in exigent circumstances. As Kate Stith, Lafayette S. Foster Professor of Law, Yale Law School wrote:

…despite the categorical imperative of the Appropriations Clause, it would seem that Congress itself is constitutionally obligated to provide funding necessary for the President to undertake Executive powers specifically granted in Article II—to receive ambassadors, act as Commander in Chief, negotiate treaties, grant pardons, and the like. If Congress fails to provide necessary funds, then the grants of power to the President are themselves for naught. Scholars disagree on the extent to which Congress may use appropriations limitations to control the President’s exercise of discretion in carrying out his or her duty to “execute the law,” especially in the area of national security—though all agree that Congress may not, under the guise of exercising its “power of the purse,” interfere with indispensable executive (or judicial) functions. Nor may the President frustrate congressional mandates by refusing to spend directed funds. (Emphasis ours)

As Professor Stith notes in her article, Congress has long codified this object requirement, requiring that “[a]ppropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law.” The latter phrase refers primarily to a variety of statutes that give executive agencies limited authority to “reprogram” line items within an appropriation under certain conditions. This practice does not contravene the Appropriations Clause, because reprogramming authority effectively expands the objects for which the appropriations are made.

To us it looks like Lee, Paul and Toomey decided to join the Democrats without reading the entire Constitution, otherwise they would recognize that Article IV, Section 4 of the Constitution provides that:

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence. (Emphasis ours.)

According to the Texas Department of Public Safety, based on Department of Homeland Security status indicators, over 279,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and January 31, 2019, of which over 189,000 were classified as illegal aliens by DHS.

Between June 1, 2011 and January 31, 2019, these 189,000 illegal aliens were charged with more than 295,000 criminal offenses which included arrests for 539 homicide charges; 32,785 assault charges; 5,737 burglary charges; 37,234 drug charges; 403 kidnapping charges; 15,991 theft charges; 23,701 obstructing police charges; 1,660 robbery charges; 3,473 sexual assault charges; 2,170 sexual offense charges; and 2,976 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 120,000 convictions including 238 homicide convictions; 13,662 assault convictions; 3,158 burglary convictions; 17,930 drug convictions; 175 kidnapping convictions; 7,100 theft convictions; 11,336 obstructing police convictions; 1,013 robbery convictions; 1,710 sexual assault convictions; 1,153 sexual offense convictions; and 1,282 weapon convictions.

Moreover, more than 369,000 illegal aliens were arrested along the Texas – Mexico border in 2018, if over 1/3 of a million illegal entries into our country isn’t an invasion what is?

Without guaranteeing the President the ability to exercise presidential authority to defend the border while Congress dithers and is mired in partisan bickering the Constitution becomes little more than a national suicide pact.

Clearly the President has the constitutional duty and authority to act as Commander-in-Chief, to protect the sovereignty of the United States, the lives and property of its citizens and to ensure that the immigration laws of the United States are carried out faithfully. Ergo reprogramming funds already appropriated for those general purposes would likely, after a lengthy voyage through the courts, pass constitutional muster.

Moreover, the objects requirement does not direct the Executive Branch down to what size nail and what weight hammer the Executive must use to accomplish its constitutional duties. Thus, if the Executive judges that an emergency exists and military construction should occur at the border instead of say, at Ft. Campbell, Kentucky, the Executive has the constitutional responsibility and the statutory authority to reprogram funds to meet that emergency.

We urge CHQ readers and friends to call the White House to tell President Trump that you agree there IS a national emergency on our southern border, and that under Article II and Article IV, Section 4 of the Constitution the President has the authority and duty to declare an emergency on our southern border. Tell the President he was right to use his constitutional authority to declare a national emergency and have the Pentagon build the wall and other needed security enhancements on our southern border. And finally, urge him to veto the resolution of disapproval and to proceed immediately to build the wall.

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RINOs

This is a good argument for term limits.

southern border & congressional interference

Alright now, this is just about enough! I've had it with this group of clowns pretending to be our congressmen, all because of their own personal feelings about our President. He is only doing what we told him we want, Pelosi is a liar when she says things like, "This is what America wants", like the hell we do! If they don't start acting like loyal Patriots then they can just go home! Somebody needs to take the lead here and go have security escort them out of Congress and if they want to remain in DC then fine, but it will be in the stockade. This treasonous activity has got to stop and get onboard with our President or go home. Hell I'll volunteer to go remove them, with the help of security we could fix this problem in two days. All political parties aside, they'll need to swear to another oath, to support the govt. no matter WHO is in the big chair and work for America or they will not pass muster and go home, they're fired!
If none of them believe we have a crisis on the southern border,then they need to go down there and stay with the ranchers for a week and then come back here and tell us there isn't any. If they really don't want a wall, then the ranchers need to have the right to shoot criminals encroaching our border and their land.