This may upset some pro-wall, pro-Trump people.

Full disclosure: I am in favor of a wall and restrictions on immigration, massive restrictions on immigration, but it needs to happen legally, and Trump’s “emergency powers” position is not legal.

We all know there is a major difference between immigration during the founding period and modern immigration. No one in the founding generation would have supported the inscription on the Statue of Liberty. They said as much.

But The story of Trump’s quest for a border wall is, sadly, the same old Stupid Party tale. If you want to blame someone for the lack of a finished border wall, blame the GOP.

Let me explain, and I understand that you probably have already moved on from the “emergency powers” issue because, well, it seems everyone else already has, but it is the key to the whole debate.

The president does not have “emergency powers,” at least not according to the original Constitution. “Emergency powers” were created right around the time the original federal republic went into the toilet. If you’re keeping score at home, that would be with Honest Abe on the throne.

Lincoln called up 75,000 troops without congressional approval–meaning it was unconstitutional–because the Southern States were in “rebellion.” Translation: The president has “emergency powers.”

Even the hard-nosed brawler Andrew Jackson sought congressional authorization to use force against South Carolina if they refused to collect the tariff. Lincoln skipped that step.

Fast forward to the King Roosevelt administration and his “emergency” measures to combat the Great Depression. The only thing we have to fear is fear itself. Truman then doubled down and tried to nationalize the American steel industry. The Supreme Court finally smacked one of these power hungry kings down.

And Congressional “authorization” for “emergency powers” through the National Emergency Act isn’t authorization. It’s unconstitutional legislation abetting unconstitutional executive usurpation of power.

The fact is the Grand Old Stupid Party could have avoided this entire situation if they had simply passed legislation building the wall during the two years they controlled both the legislative and executive branches.

That, however, would be very un-GOSP like.

You can’t be a Republican and fulfill campaign promises. See the “Contract for America.”

Democrats at least know who to ram through an agenda. Republicans just act like they know what they are doing.

At the same time, we should be thinking locally and acting locally. Nationalism is the gasoline that fuels this insanity.

Texas should be able to build a wall, and if California wants to admit every person from South America into its borders, it wouldn’t matter as long as what happened in California stayed in California.

In a federal system, that would be the case. In our national nightmare, this becomes a major political problem.

So build the wall, just don’t do it with so-called “emergency powers.”

I cover all of this in my American Constitutions course over at McClanahan Academy. 40 high quality lectures on every element of American constitutionalism. It is an awesome course.

I also hit every point in Episode 200 of The Brion McClanahan Show. Don’t miss it, and leave a review on Apple Podcasts or your favorite podcast portal.

Brion McClanahan
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