Promoted from the diaries by streiff. Promotion does not imply endorsement.
Most folks are now aware of the latest twist in the so called, “government shutdown.” President Trump has agreed to a deal that will fund the currently non-funded , 25 percent of federal government for the next three weeks. This is supposed to give negotiating teams from both parties time to come up with something President Trump will sign and that both sides can live with. President Trump has indicated that if such a solution isn’t found by Congress, he retains the right to invoke a state of emergency and use those statutory powers to start building the border wall.
This just might be President Trump’s Andy Jackson moment. If you recall from history class, the United States Supreme Court Under Chief Justice John Marshall, overturned a conviction of men convicted by the State of Georgia for violating a law that Marshall later stated, would deprive the Indian Tribes of their sovereignty. President Jackson allegedly stated “John Marshall has made his decision, now let him enforce it,” or words to that effect.
President Trump may get such an opportunity three weeks from now. If Congress cannot come up with an acceptable solution for the President, he will in all likelihood declare a state of emergency and attempt to begin construction of his most significant campaign promise. Once this occurs, I’m sure we all know what will happen. The leftists will find a tame California-based Federal District Judge to issue a nation-wide stay on any wall construction activities, in order to delay any progress on a border barrier until after the 2020 election. For the leftists, this has nothing to do with national security. It has everything to do with denying Donald Trump a “win,” on the most significant promise to his supporters.
There are a few things the President can do to limit the effect of this leftist strategy. First of all, he needs to pick a section of border in Texas, 5th Judicial Circuit Territory, to begin construction. This will hopefully place the starting point for any legal action in territory more friendly to conservative ideas, like border protection. It will also have the effect of starting the project with the longest section of US-Mexico border—1200 miles.
Second, he needs to partner with Brian Kolfage’s GoFundMe organization to identify owners of land parcels along the border and in priority areas, who are willing to give or sell easement for construction of a border barrier/wall. This will eliminate, at least initially, one legal issue, the forcible taking of land via eminent domain.
Third, the Administration, needs to find our own tame Federal District Judge in the 5th Circuit and apply for a Declaratory Judgement. As I describe in a previous article here, this is one possible way to take the offense instead of just reacting to leftist lawfare and it’s concomitant delays, not to mention starting the sure to be Judicial fight, in a friendlier judicial circuit.
Finally, and most importantly, this is where President Trump should have his Andrew Jackson moment. In the event some leftist controlled Federal District Judge issues what is now termed a “nation-wide stay,” President Trump should continue with the selected project while of course appealing the move up through the legal layers to the US Supreme Court.
This is an opportunity to grab a twofer so to speak. First, he can prevent or mitigate the legal delays the left likes to use to stymie Presidential actions that they know darned right well, are perfectly legal. The best part however, is that we can possibly get rid of the bizarre legal concept that some leftist district judge in a leftist circuit can issue a judgement that has nation-wide effect, such as Judge Edward M. Chen who ruled that the administration cannot send refugees back to their countries of origin. When the first leftist Chen-type issues the inevitable stay on the wall project, President Trump could say, ”Judge Chen has made his decision, now let him enforce it.”
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