Donald Trump is fending off opposition at every front to stop the migrant caravan invasion.
The President delivered a primetime speech explaining why building the wall was central to preventing millions of illegal aliens from flooding into the country.
But you won’t believe how this Judge just shot down Trump’s plan to stop the caravan.
Trump and the Democrats are locked in a battle over five billion dollars in funding for the wall.
In 2013, every Senate Democrat voted for a bill that contained enough money to construct over 300 miles of border fencing.
But because Trump is now the President, Democrats are opposed to the wall.
So Trump floated the idea of using the 1976 National Emergency Act to order the military to build the wall.
Some of his supporters urged him to take this tact.
North Carolina Congressman Mark Meadows – who chairs the House Freedom Caucus and is one of the President’s closest allies in Congress – urged him to follow that path.
“Democrats continue to refuse to negotiate in good faith or appropriate any money for border barriers. If they won’t compromise, POTUS should use asset forfeiture money or other discretionary fees to start construction. If not, he should declare a national emergency. It’s time,” Meadows posted to social media.
But Fox News legal analyst Judge Andrew Napolitano threw up a giant stop sign.
Napolitano – who was rumored to be on the short list for the Supreme Court back in 2017 – told Fox News Channel viewers that this move would be unconstitutional.
Napolitano wrote, “We know from the plain wording of the Constitution and from history that all expenditures of money from the federal treasury and all federal use of private property must first be approved by Congress. In 1952, the Supreme Court ruled on this when President Harry Truman seized American steel mills during a labor strike and directed the secretary of commerce to hire folks to operate the mills, pursuant to his own emergency declaration that steel was vital to the war effort in Korea. The court held that only Congress could authorize the seizure or adverse government occupancy of private property and the expenditure of money needed to operate the mills.”
“Then, in 1976, Congress provided a definition — which, shortly thereafter, the courts refined — of a national emergency: the existence of events truly beyond the ordinary, wherein there is a palpable and immediate threat to lives, safety or property that cannot be addressed by the employment of ordinary government assets or the exercise of ordinary governmental powers. That is hardly the case today with the former Central American caravan in Mexico now settled in and housed by the Mexican government away from the border,” the Fox News legal analyst continued.
Many experts disagree with Napolitano’s reasoning.
And many pro-amnesty RINOs want Trump to use this authority so Democrats can tie the wall up in court with lawsuits over the constitutionality of Trump’s decision.
That would allow these RINOs to block Trump’s wall without their fingerprints being on the opposition.
We will keep you up to date on any new developments in this ongoing story.