Well, he can. "It's certainly 100 percent within the president's executive authority and certainly part of his constitutional duty to protect the people of this country", asserts Sarah Sanders, White House Press Secretary. But does that mean that Trump can get the funds to build the wall? Highly unlikely.
"I know that we're going to use every tool at our disposal to fight him on this unconstitutional power grab that really will badly damage our military readiness. And we're gonna do that in the courts where we have legislative tools at our disposal", says an aggressive Debbie Wasserman Schultz, Democrat representative of Florida.
Can the Congress stop Trump?
But can the US Congress obstruct Trump? Technically yes. The National Emergencies Act has a clause that states that Congress can end the emergency status if both houses vote for it- and the President does not veto. Now the Democrats enjoy a good majority in the House of Representatives and they can pass a resolution. But the Senate is in the hands of the Republicans, though many Republicans do not wholly agree with Trump over the Emergency. Yet, with majority in the House of Representatives only, it will be difficult for the Democrats to mobilise the entire Congress to nullify Trump's move even if they get a few Republicans on their side.
So ?
So the way out for the Democrats is to go to court." No one in America is above the law, not even the President of the United States. The President does not have power to act frivolously, taking the powers of this 240 plus year democracy and using them in ways that were never intended", thunders Xavier Becerra, California Attorney General.
"What's perhaps most ironic about this is that even the President knows that his declaration of an emergency for the nation is dubious. He himself said that this will be challenged in court. He already knows it. He himself said that he's probably going to lose in court. He already knows it. He himself said that this is going to be appealed and he'll probably lose. And he already knows it ", says Becerra.
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Yet Trump wins
Trump knows that there will be lawsuits. In this make or break fight, the fight is going to be very bitter and chances are he will lose. But lose where? Lose in the court of law. Not in the eyes of his support base.
Building a wall along US Mexico border was one of candidate Trump's main poll promises. His fight with the Democrats and the House is to show his supporters that he tried hard to build the border wall and thereby stop illegal immigrants and drugs coming into the US. Now if his efforts are frustrated at the courts, he still can tell his voters- Look I tried but it's those damn Democrats that killed it. So either way Trump wins.
And Trump wants to win. Not only now, but more so in 2020.
