Tuesday on the radio, LevinTV host Mark Levin called out senators on both sides of the aisle who said they will support a resolution to block President Donald Trump's use of the National Emergencies Act, on the claim that it violates the constitutional separation of powers.
Sens. Chuck Schumer, D-N.Y., and Lisa Murkowski, R-Alaska, plus MSNBC host Joe Scarborough called Trump's use of the National Emergencies Act a violation of the executive power, as outlined in Article I of the Constitution.
"Have any of these individuals you've just heard — any of them — claimed that the administrative state is unconstitutional?" Levin asked. "Have any of them? That is, all the departments and agencies that write laws — isn't Congress supposed to write laws and legislate, under Article I? Well, then, how can the EPA write laws, and the Agriculture Department, and the Education Department? How can all these departments write laws — they like to call them regulations and rules, but they have the same impact. You can go to prison if you violate a regulation or rule. ... And so they've conferred this massive power on this federal leviathan, this massive bureaucracy, to legislate. And then they sit there and they pretend that they're for separation of powers. They're not for separation of powers. I can't think of one conservative in the Senate or one conservative in the House who has proposed eliminating a single department or agency, based on the Constitution's separation of powers. I can't think of one. Can you?"
Further, these legislators claim to care about constitutionality while teeing up some of the most unconstitutional legislation ever heard of.
"It is they who don't give a damn about the Constitution. When they talk about a 70 to 90 percent marginal tax rate. When they talk about a wealth tax. Where is this stuff in the Constitution? When they talk about a Green New Deal that will nationalize every damn inch of your home, your car, and your business. Where is that in the Constitution?"
"Where is it in the Constitution that the commander in chief, looking with his own two eyes at the southern border, that they're wide open, that drugs are pouring in, that criminals, gang members are pouring in. And other people — we don't even know who they are — in violation of existing immigration laws, that affect our national security. And law enforcement. And local governments. And state governments. And private property rights. Where is it written that he has to sit on his hands, while Congress has violated the Constitution time and time and time again, by creating departments and agencies that legislate left and right and right and left? ... They twist the Constitution; they twist their arguments. These clowns go to the floor of the House and the Senate every day and they ... vote in defiance of the Constitution," Levin said.
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