The Metastasizing Crisis

Jacob Levy: “The Supreme Court’s decision in July to allow the Trump administration to divert Pentagon funds budgeted for other purposes to the construction of a wall on the Mexican border was not the most important or dramatic moment of the week. It probably wasn’t even the most important or dramatic moment of the day; who can remember anymore?”

“But it stands out to me as a particularly clear moment when the assault on immigration, driven by an ideology of racist nationalism, intersects with the crumbling of the separation of powers and the falling away of constraints on the presidency. Legislative control over the ‘power of the purse’ is a foundational principle of the separation of powers, and Congress has not only repeatedly refused to fund construction of a wall, but passed a resolution expressly disapproving of President Trump’s declaration of a state of emergency to allow himself to repurpose funds. Trump vetoed the disapproval, and an override failed. The Court’s precedent seems to decisively shift budgetary control to the executive, subject to legislative reclamation only with two-thirds majorities.”