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Emergency Declaration Crosses the Proverbial Line

The partisan divide in this country has created an atmosphere where party affiliation dictates a person’s response to a situation more than their personal values or independent thought.  Our President and the political establishment, has stoked those flames so that nearly everything is seen as an “Us versus Them” debate.  The result has been automatic disdain for Trump and his actions from the Dems and unquestioning support from the GOP regardless of the issue at hand.  At a time where politics require an even more nuanced approach and understanding than ever, we have instead resorted to relying on intellectually weak political punchlines while clinging to stereotypical responses that lack grace and compassion.

Eventually things have to change or else we won’t recognize the nation we will have become.  With this president, the Left cannot live in a constant state of outrage and the Right cannot live in a constant state of denial.

Soon after Trump was elected my father wisely recognized the emotional toll and eventual callousness constant outrage will cause and made a decision:  He resolved early on to set his “lines in the sand” so that his righteous indignation didn’t get muffled by the daily disappointments and that political disagreements weren’t confused with constitutional atrocities.  In essence he was saving his protests for when they most earnestly needed to be heard.

From the opposite perspective, I have several Republican friends who generally appreciate Trump’s policies and appointments because they are conservatives, but cringe at some of what the president does and says.  For them, they are also struggling with how long they can support Trump because doing so furthers their own political views while also acknowledging that at some point enough has to be enough.

Brothers and sisters, we have reached a crossroads of our democracy.

In all of the cases of political disagreement over the last couple years, reasonable and rational people understand that despite our propensity to tribalism, there are some lines, which if crossed, demand a different kind of response.  For Dems that means moving beyond complaining and eye rolling into more active protest; for the GOP that means withdrawing support from the president even when he seems to be advancing your ideals.

We have reached the point in Donald Trump’s presidency where the fundamental principles of our democracy are being violated and we all much alter the way we respond.  In the old adage about the frog in hot water, we are at the stage where we must realize something is wrong or else we will reach the point of no return.

If the president declares a national emergency (as the media is currently speculating he will do) in order to advance a partisan objective outside the constitutional process, we will be witnessing the most significant threat to our democracy in our lifetimes.  We cannot treat this as “business as usual.”

Trump has done unprecedented things since even before he was sworn in as president – what makes this different?  The short answer is that this overstep by the executive branch will effectively render the constitutionally mandated legislative branch meaningless in stark contrast to the framers intention.

There are a few things we must acknowledge in order to be able to have a meaningful discussion about the potentially devastating situation we are about to wade into:

  • Constitutionally, Congress is mandated with passing laws as well as overseeing taxation and expenditures.
  • In particular, it is the House of Representatives that has the “power of the purse” and has been charged with setting the path forward when it comes to expenditures and taxation.
  • While the President submits his budget requests, constitutionally, it is Congress that has been tasked with determining laws and finances. Any other mechanism is outside the bounds of our founding documents.
  • The GOP had control of both houses of congress for 2 years but was unable (or unwilling) to pass legislation funding the border wall. In other words, if one wanted to claim “electoral mandate” there was a period that was valid – but the time has passed.
  • The House of Representatives best reflects the immediate will and desires of the people due to its proportional representation as well as their two year terms.
  • Emergency declarations were design for rapid response to unexpected situations that reflect an immediate risk to America and her citizens. The Executive branch is granted huge powers in order to quickly action response.  They are an example of “greater good” where we recognize the need to break from protocol in order to respond to dynamic situations.  They are not a loophole for obtaining political achievements.

Whatever your own views may be, Congress is ultimately responsible for making decisions about things like this border wall.  To ignore their will is to ignore the foundations of democracy our government has been built on.

If Trump declares a national emergency – especially around a situation that has not fundamentally changed during his presidency – he will be usurping power in a way that completely disregards the checks and balances so importantly introduced into our Constitution.

With Trump in the Oval Office and the GOP with a solid hold on the Senate, I can understand why my conservative friends may look kindly on the president going down this path to advance his political agenda.  But, if we as a nation allow this to happen, what happens next?  Where do we draw the line?  Won’t it be possible for the following to occur?

  • National Health Emergency requiring a single payer system and free universal health care.
  • National Gun Death Emergency requiring registration of all weapons and banning all semi-automatic firearms.
  • National Wrongfully Accused Emergency immediately banning the death penalty.
  • National Financial Emergency banishing the income tax.
  • National Educational Preparedness Emergency immediately allocating defense funds to allow for free college education.
  • National Fetal Death Emergency unilaterally banning any and all abortions.

Reading through the list above, there are some that may sound like really good ideas and other that absolutely make your skin crawl.  And that is the issue.  Whether we like it or not, our constitution has built a government that is incredibly slow moving and making major changes in a rapid fashion is nearly impossible.  We make an exception for real emergencies, but the founding fathers were intentional to not set up a monarchy where one person can unilaterally and rapidly change the way the country operates.

So let’s bring it to a close.  Why would an emergency declaration by Donald Trump be such a big deal?  Regardless of whether you agree with the outcome or not, it would effectively negate the entire constitutional process and open up the possibility for any president in the future to unilaterally advance political agendas.

Whether you are a constitutionalist who trusts the founders’ vision, or a libertarian who cringes at legislation being forced on people, or a conservative who is worried about what might happen when a Democrat utilizes this same process, or a liberal who finds the finds the wall itself appalling, this is the time we must speak out.

This approach to governing cannot be allowed to move forward.  We cannot allow for the check and balances of our democracy to be ignored.  Regardless of your political affiliation, this is the line that requires us to adjust how we respond to the president.

If you have made it this far, I appreciate you hanging in there – to me, this is the most important conversation we have had to have politically in the last 2+ years.  You will notice in my writing above that I have not made any mention about the cost or efficacy of the wall.  I have not commented on the impact of diverting either military funds or money dedicated to responding to wildfires or hurricanes.  I have not commented on the impact of undocumented immigrants entering our country.  That is because these are discussions that congress has been constitutionally mandated to undertake – we must trust the process and the representatives the American populous has selected to address these issues

I am still discerning how to respond if (when?) the president declares a national emergency to fund his wall.  I sincerely hope – for the good of our democracy and the future of our country – that you too are assessing how you will respond regardless of your political affiliation.

Some conservatives have never opposed this president. Perhaps it is time.

Some liberals have never done more than complain about this president.  Perhaps it is time.

Many Americans have never felt democracy was under attack.  Perhaps it is time.

Some elected officials have never taken a stand against their party.  Perhaps it is time.

A lot of people avoid talking politics.  Perhaps it is time.

If the ends justify the means, should it be questioned?  Perhaps it is time.

We often avoid difficult and unpopular stands.  Perhaps it is time.

I have never marched on Washington.  Perhaps it is time.

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