OPINION:
Our nation seems to be treading uncertain days. We have a president who campaigned and won promising to address the illegal immigrant issue on our southern border, yet Congress is defying him. President Trump has strongly indicated that he is building the wall — even if it means declaring a national emergency. Several legal scholars and many of the left-leaning media are saying he does not have that power. Does he?
This question has been bounced around since the 1950s. During the Korean conflict, President Harry Truman attempted to nationalize and seize the steel industry to support the war. The U.S. Supreme Court said no. In 1976, Congress passed into law the National Emergencies Powers Act, which granted sweeping powers to the president. This law specifically addresses an “influx of aliens.”
Since its implementation, this act has been used roughly 30 times with little or no Democratic objection. In 2007, the Congressional Research Service stated in a report to Congress that this act grants undisputed powers to the president to seize property, seize transportation and communication, declare martial law and restrict travel. Under the emergency powers granted, it even circumvents the Posse Comitatus Act of 1878, which prohibits federal forces (military) from enforcing civilian law.
So media and some academics’ assertion that President Trump does not have the constitutional power to declare a national emergency and build the wall is uninformed, misdirected and just flat wrong.
JAMES W. ANDERSON
Talladega, Ala.
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