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When President Obama signed The Dream Act after a GOP-led Congress refused to pass it, he cited prosecutorial discretion as justification, a power very much granted to the President of the United States, Republicans were outraged. They accused Obama of going around Congress and called for his arrest on constitutional grounds.
Now that Trump really is going around Congress to appropriate funds for his border wall, funding that Congress refused to grant, too many Republicans are silent. Now, Rep. Joaquin Castro is calling on them to support a resolution acknowledging the unconstitutionality of Trump’s national emergency declaration.
Castro promised well before Trump’s decision to declare a national emergency at the border was announced to block any attempts to circumvent the powers of Congress, who have sole discretion on the use of taxpayer funds. Trump has already shot himself in the foot on this issue by saying during his announcement that he doesn’t really “need to do this” but that he preferred to get the wall done “much faster” than he could by continuing his fight with Congress.
Other Representatives already backing the resolution include Rep. Alexandria Ocasio-Cortez, who said that she and Castro “aren’t going to let the President declare a fake national emergency without a fight.” The backing or ignoring of the resolution will make public the members of Congress who back Trump’s dictatorial move. It will also further expose the hypocrisy of the GOP who previously declared themselves the defenders of the Constitution during Obama’s presidency.