https://www.realclearpolitics.com/articles/2019/02/19/the_bleeding_wounds_of_our_constitutional_order_139505.html
America’s constitutional order faces mounting threats and too few principled defenders. The threats come from vitriolic partisanship, compounded by declining trust in government and the steady erosion of vital institutions, from churches and media to law enforcement. The warning signs are painfully clear.
The U.S. Constitution grants Congress, not the president, with the power of the purse – just as it is lawmakers on Capitol Hill who are tasked with ratifying or rejecting treaties, and offering “advice and consent” on federal judges and high-level administration appointees. President Trump’s decision to declare a national emergency (“which I don’t have to do”) as a pretext to fund his border wall is an affront to our constitutional doctrine of separation of powers.
It is only the latest example. The issue here is not whether the wall is a good idea. It is whether a president can bypass constitutional norms to build it—with the acquiescence of his political party. The same dynamic was at work when President Obama unilaterally decided to change the status of immigrants who came to the U.S. illegally as children. For years, he said he had no constitutional authority to do that. Then, he did it anyway. Obama also used constitutionally evasive tactics to pass the most important U.S. foreign policy pact in decades: the nuclear deal with Iran. In every substantive sense, this was a treaty. It should have been treated like one. Obama refused to acknowledge that because he knew the Senate would never ratify it (since that required a super-majority, and since he never bothered to consult senators as he negotiated the terms). So, he simply called it an agreement, not a treaty, and supine elected officials in the nation’s top legislative body let it pass. They have behaved that way for decades, passing off hard decisions to the White House or telling mid-level bureaucrats to make the rules themselves.