Kansas Common Sense

I share President Trump's goal of securing our borders – as such, I have introduced legislation and voted many times for greater funding for border security, including President Trump’s border wall – but expanding the powers of the presidency beyond its constitutional limits is something I cannot support.

Upon my election to public office, I take one oath: an oath to uphold the Constitution of the United States. I believe the use of emergency powers in this circumstance violates the Constitution. Allowing the use of such power establishes a precedent for future presidents to further act against laws and appropriations approved by Congress. This continues our country down the path of all powerful executive – something those who wrote the Constitution were fearful of.

On Thursday, I voted to support the Emergency Declaration Resolution of Disapproval. Before casting my vote, I wrote out my thoughts on how I came to this decision. Click here to see my hand-written thoughts, or read the transcript below.

  1. President Trump is correct, there is a need for better border security.
  2. Our borders are a matter of national sovereignty and control over who enters our country is vital in our fight against terrorism and battle against drugs and human trafficking.
  3. Many Americans and most Kansans agree with the President that this is an important issue and must be dealt with.
  4. The President has not been fairly treated by Democrats in Congress – a wall is not immoral and democrats have previously supported funding border barriers.
  5. I have introduced legislation and voted many times for greater funding for border security, including President Trump’s border wall.
  6. The President can advance the building of a wall with the funding just approved by Congress and can increase the funds available by reprogramming other accounts.
  7. Therefore, the declaration of an emergency is not necessary.
  8. The declaration of an emergency under these circumstances is a violation of the U.S. Constitution. The laws passed by Congress years ago allowing the president emergency powers is flawed and needs to be repealed or amended.
  9. In high school government class we all learned about our Founding Fathers and the three separate, but equal branches of government. This concept is one of the most significant in protecting America as a republic and maintaining citizen freedoms & liberties. Both government structure and the Bill of Rights matter.
  10. Upon my election to public office, I take one oath – to uphold the Constitution of the United States. I believe the use of emergency powers in this circumstance violates the Constitution.
  11. Allowing the use of such power establishes a precedent for future presidents to further act against laws and appropriations approved by Congress. This continues our country down the path of all powerful executive – something those who wrote the Constitution were fearful of.
  12. Kansans have criticized President Obama for abuse of executive orders, ignoring the laws and avoiding the requirements of negotiating a treaty when dealing with foreign powers. I agree and fought it.
  13. I aggressively opposed the overreach of past presidents and believe that I can not pick and choose to now look the other way.
  14. If the Constitution means one thing in the Obama administration and another in the Trump administration, the enduring value of the Constitution disappears and another generation of Americans will be less free.
  15. The number one responsibility we have as American citizens is to pass to the next generation of Americans our constitutionally guaranteed liberties. There are days where it seems clear we are failing greatly.
  16. How we do things – even good things – matters. We were raised that the ends don’t justify the means.
  17. To find a loop hole on this issue and to vote another way might be an easier course. But my gut, my intellect, my understanding of history, tells me use of emergency powers is wrong. It can’t be an option to support something I believe wrong.
  18. This country is filled with people who care, who are patriots, who served in our military. I try never to let anyone down. On my watch I always want to do right as I see it.

-Jerry

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