Mindful that monarchs tended to bankrupt their countries with wars and other misadventures, the Founders embedded in the Constitution a simple protection against authoritarian vanity: The purse is in Congress’ hands, the branch of government closest to what passes for common sense among the citizenry. But now, thanks to sensible provisions that enable the Chief Executive to act unilaterally in exigent circumstances, The Donald proposes to simply end-run Congress’ refusal to give him the money he wants.
President Trump will declare a national emergency as early as Friday to bypass Congress and build his long-promised wall along the nation’s southwestern border even as he agreed to sign a spending package that does not finance it, White House officials said Thursday.
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But if he declares a national emergency to access billions of dollars for his wall, Mr. Trump could instigate a constitutional clash over who controls the federal purse and test the bounds of presidential authority in a time of divided government.
Since Trump’s explicit purpose is to sidestep Congress’ refusal to give him the money he wants, and not a reaction to some pressing danger that imperils the country, it seems clear to me that what he proposes is unconstitutional.
The Deplorable One-third can be counted upon to thrill to Trump’s heavy-handedness, but the rest of us ought to be alarmed and demanding that Congress do its duty and put Trump out of office.