In a Note on his Facebook page, nationally syndicated radio talk show host of “The Mark Levin Show,” host of Fox News “Life, Liberty & Levin,” author and American lawyer Mark Levin blasted contributing opinion writer for The New York Times Peter Wehner and other “NeverTrumpers,” suggesting they “get dumber by the minute.”
“These NeverTrumpers get dumber by the minute…,” wrote Mark Levin in a Facebook Note. “The National Emergencies Act of 1976 allows the president to trigger emergency powers conferred on him not by me but by Congress. It has been in place in various forms for more than 150 years. It confers powers on a president that I think go too far, such as confiscating private businesses, etc.”
Mark Levin’s Facebook Note came in response to a tweet from Peter Wehner concerning whether or not President Trump can use the National Emergencies Act of 1976 to build a southern border wall. Wehner said the following on his Twitter page,
“On talk radio tonight I heard a ‘constitutional conservative’ argue Trump should declare a national emergency to do what he wants on the southern border. Remarkable. There’s no place they won’t go. Once again, can you imagine how the right would have reacted if Obama did this?”
On talk radio tonight I heard a "constitutional conservative" argue Trump should declare a national emergency to do what he wants on the southern border. Remarkable. There's no place they won't go. Once again, can you imagine how the right would have reacted if Obama did this?— Peter Wehner (@Peter_Wehner) January 8, 2019
Levin countered in his Note concerning Trump using the National Emergencies Act of 1976 to build the southern border wall, “In this case, involving building a border barrier of some kind, that is a uniquely federal governmental responsibility; the president can use the law to undertake such a project and it can be challenged in the courts or overturned by a joint resolution of Congress.
“He needs to make his case under the statute, which is an easy case -- that securing the southern border is a national emergency given the chaos there and the related consequences, and the refusal by the Democrats to address it in any meaningful way and their holding the rest of the government hostage,” continued Levin. “The president can use the legitimate legal tools available to him to try to solves these problems.
“Unlike Obama,” Levin went on, “he is not legislating by creating, say, DACA, which is unconstitutional and does violate separation of powers. Congress set up this process. This isn't a misuse of unconstitutional authority. It's about statutory interpretation. I would encourage the NeverTrumpers to try to put their country ahead of their egos and try to control their emotional outbursts.”