Friday, February 15, 2019


Pelosi warns that if Trump declares a border emergency to build his wall, the next Democratic president could use the same tactic to impose gun control

White House sources say Trump will sign the compromise spending bill in order to avert another government shutdown. However, he will also declare a border emergency to pay for his border wall.

Nancy Pelosi then fired a shot across the president’s bow. She warned that if he declared a border emergency to build his wall, the next Democratic president could declare a national emergency to stop gun violence and enact sweeping gun controls.

If Trump declares a border emergency he will be challenged in the courts. While the lower courts may block his declaration, I believe he will have a good chance to prevail in the Supreme court. But by then he could already be out of office.

A Democratic president’s declaration of a national emergency to control guns would probably be shot down by the courts because it would run head on into the Second Amendment.

But one can never be sure. While the courts would probably uphold background checks for all private gun sales, they would probably rule against an order banning the sales or ownership of assault rifles. However, a few more mass school shootings might get even a conservative-majority Supreme Court to reinterpret the Second Amendment.


Trey Rusk said...

There have been 58 National Emergencies enacted since 1976. 31 have been annually renewed and are still in effect.

I don't see the big deal. Democrats are still mad about Trump being elected.

Anonymous said...

My concern is the precedent it sets.
If a president can rule by executive decree, where does it end?

bob walsh said...

Assuming the magic talking box got it right there have been something like 30 Presidential Emergency Declarations since 1976 when the enabling law took effect. Some of them are still valid. The fact that Trump did this is NOT that unusual.

Dave Freeman said...

Who was it that said..."I have a pen, and I have a phone."
That precedent, regarding executive orders...has already been set.

And good luck reinterpreting the second amendment. It's been tried before.