Constitutionalist examines Presidential powers

Thursday, February 28, 2019

When it comes to the U.S. Constitution I consider myself an originalist and a purist. That is why Antonin Scalia was my hero when he was on the high court. Anthony Kennedy, my Con law professor in law school in 1985 to 1986 was neither a constitutionalist or a purist.

I find it interesting that the politicians who are opposing President Trump’s declaration of an emergency so that he can construct the border are declaring only that this problem is not an emergency. The real question they should be asking is that if it is constitutional for the president to do this. The really germane question is was it constitutional for congress to allow a president to do this by legislation they passed over 40 years ago? The problem with asking this question is that you may end with an answer that essentially declares that anytime a president has declared an emergency under this legislation that his act was unconstitutional and that his declaration of an emergency was null and void. I understand that there are still presidential declarations under this legislation that are still in effect. Apparently there are over 30 of them. A number of these declarations involved democratic presidents. We all know that democratic presidents cannot violate something they really do not believe in (i.e. our constitution).

Dr. W. David Herbert ESQ of Billings, Mont.

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