President Trump, Youngstown Sheet And Tube, Mexico discussed on Hugh Hewitt

Automatic TRANSCRIPT

I often said wrote the president twenty minutes ago during rallies with little variation that Mexico will pay for the wall. We've just signed a great new trade deal with Mexico. It is billions of dollars a year better than the very bad NAFTA deal, which it replaces the difference pays for the wall. Many times over all right? That is his response. Right. And I know the media doesn't like that. But I'm also kind of bored by that whole deal. I'm very interested in the declaration of a national emergency. Allowing him to move forward with border construction. There is a one thousand nine hundred seventy six statute governing authorizing the president to do certain things under specific circumstances. I haven't looked at the predicate that the administration would argue for invoking the nineteen seventy six statute. I haven't looked at the precedents. I it's just right out of the casebooks taught. My first law class with the semester yesterday. I said, I can't believe it. We're having a replay of Youngstown sheet and tube were Harry Truman sees the steel mills and he lost by the way. That power was rejected. Justice Jackson should've famous opinion talking about the three zones of presidential power floodtide, the unknown in ebb tide, and it seems to me we're going to be in zone two. So I don't know how that would come out. But there is also the inherent power of the president in article two to direct military to do what is necessary in the national defense that authority has been invoked by presidents all the time without declarations by congress without any authorization from congress that's inherent in the authority of the commander in chief. And if he believes that there's a crisis that threatens the national security at the border he will invoke not only the nineteen seventy six statute. But also his inherent article to authority what will happen. I do not know. And nobody knows zero people knows it would probably go. As Senator Ron Johnson said yesterday, it would be challenged by open border advocates certainly in the night. Circuit because that's the worst circuit for the United States rule of law, and there it would probably be put on hold pending adjudication, and that would be a slow roll adjudication. But eventually, we'll go to a new United States.

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