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pnwmom

(109,000 posts)
Wed Jan 9, 2019, 03:33 PM Jan 2019

For your GOP friends and relatives: the conservative Cato Institute explains the wall

and the many reasons why it's such a stupid idea. This is just a snippet.

https://www.cato.org/publications/commentary/why-wall-wont-work?fbclid=IwAR3qvL9VD6lEMfksqYWVaPPMSqWhhEVnObz5zD2vAnVqSIF5albVyE1Cpkw



The Legal Obstacles

Trump has been adamant that his wall will be built “ahead of schedule.” For that to happen, he’ll need to avoid the various legal issues that plagued earlier efforts. Entities other than the federal government-states, Indian tribes, private individuals-control over two-thirds of borderland property. Private parties own the vast majority of the border in Texas, and for this reason, roughly 70 percent of the existing border fence is located in California, Arizona, and New Mexico. Almost all of it is on federally controlled land.

The Bush administration bullied property owners, threatening to sue them if they did not “voluntarily” hand over the rights to their land. It offered no compensation for doing so. Thinking that they had no recourse, some people signed off, but others refused. The government then attempted to use eminent domain, a procedure Trump has long defended, to seize their property, but the lawsuits imposed serious delays-seven years in one case.

In 2009, the Homeland Security inspector general concluded that the Border Patrol had “achieved [its] progress primarily in areas where environmental and real estate issues did not cause significant delay.” One intransigent resident had owned his property since before the “Roosevelt easement,” which gives the federal government a 60-foot right of way along the border. He fought the administration, so the fence had until recently a 1.2-mile gap on his land. Border residents fought more than a third of all land transfers, in fact. Because the Constitution promises just compensation for takings, Trump can do little to speed this process.

Native American tribes also have the capacity to stop construction of barriers. The Tohono O’odham Nation, which has land on both sides of the border, has already pledged to fight any efforts to build a wall there. In 2007, when the tribe allowed vehicle barriers to be constructed, the Bush administration ended up desecrating Indian burial grounds and digging up human remains. The new president would need a stand-alone bill from Congress to condemn their land. Senate Democrats can (and likely would) filibuster such an effort.


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For your GOP friends and relatives: the conservative Cato Institute explains the wall (Original Post) pnwmom Jan 2019 OP
I've sent this snowybirdie Jan 2019 #1
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