THE ADVOCATE Santa Clara University School of Law School of Law Newspaper Since 1970 Wednesday, February 20, 2019 Volume 49 Issue 2 President trumP deClares national emergenCy: Professor russell resPonds By Ardy Raghian the National Emergencies Act of 1976 supports setting forth the analytical framework used today his decision to appropriate taxpayer dollars in this for the reach of presidential power. Justice Margaret M. Russell is an Associate manner when his very own announcement of the Jackson’s oft-repeated conclusion is that the Professor of Constitutional Law at Santa decision explains “I didn’t have to do this.” The president’s power is at its “lowest ebb” when Clara University School of Law. Russell president’s announcement was almost surreal in Congress has explicitly spoken on a matter within received her J.D. from Stanford University its fippancy and disrespect for the Constitution. its Article I powers. In the case of President in 1984, and is a Board Member of the After warning for several weeks that he would Trump’s declaration of emergency power, it could Equal Justice Society. She is afliated with declare a national emergency if Congress did not not be clearer that Congress has explicitly spoken Santa Clara University’s Center for Social approve the amount he wanted for a border wall, in its allocation of limited funds for Trump’s Justice and Public Service, the Markkula he carried out his threat with crystal clarity as “border wall.” Center for Applied Ethics, and the Center for soon as Congress explicitly rejected his demand. Multicultural Learning. Rather than recognizing that Article I of the Many members of the President’s party have Constitution grants Congress the power of the disagreed with this declaration, as they worry On February 15, President Trump declared a purse, and that the Republican-controlled Senate about the precedent it will set. What kind of national emergency to secure billions of dollars had joined with the Democratic-controlled House precedent will this emergency declaration worth of funding for his border wall. This has of Representatives in exercising that power, the set? raised questions over the scope of emergency president distorted both Supreme Court precedent powers granted to the president. On Monday, and federal statute to invent a so-called “national The president, in his press conference announcing a coalition of 16 states, including California, emergency.” This is a very troubling time for our his “national emergency,” defended his actions challenged President Trump in court. constitutional democracy. by saying that previous presidents, both Democrat and Republican, have declared national Trump’s Emergency Declaration has been The 1952 case of Youngstown Sheet and Tube emergencies with little fanfare or opposition. called “an act of Constitutional vandalism,” is Co. v. Sawyer is hardly an obscure case for those However, as even members of his own party have it Constitutional? familiar with the constitutional constraints on the noted, all of the approximately 60 other national reach of presidential power. This case, which emergency orders since 1976 occurred in the I think that the president’s declaration of a overturned President Harry Truman’s Executive absence of specifc Congressional legislation to national emergency under these circumstances Order directing the Secretary of Commerce to the contrary. The precedent that the “border wall” is fagrantly unconstitutional as a violation of seize and operate private steel mills, is most separation of powers. Neither the Constitution nor famous for Justice Robert Jackson’s concurrence Continued on Page 7 California Bans long guns for PeoPle under 21 By Sarah Gregory “I felt it was my parental and legislative new gun laws passed, including a lifetime Staf Writer duty to answer the pleas from Florida and gun ownership ban for people involuntarily endeavor to make our schools safer for admitted to a mental health facility. Last year marked the deadliest year on all our children. Parents shouldn’t have “The Parkland students in particular were record for gun violence in schools. Since the to choose bulletproof backpacks when very talented at amplifying their voices and deadly Columbine High generating momentum. School massacre in 1999, The numbers of casualties nearly 200,000 minors in were particularly high and at least 193 schools have any time it involves minors experienced a shooting in or children, I think there their schools, according is a particular degree of to a 2018 report from outrage,” said Anderman. Gifords Law Center to However, gun rights Prevent Gun Violence. lobbyists like the National Deadly mass Rife Association say SB shootings, specifcally the 1100 violates the second Parkland Shooting, which and 14th amendments of took place one year ago at the U.S. Constitution, and Stoneman Douglas High that these restrictions are School, is what inspired not the best way to prevent California Senator gun violence. Although the Anthony J. Portantino to restrictions imposed by the draft Senate Bill 1100— they send their children of to school,” bill are substantial, the bill also contains a which went into efect last month. said Senator Portantino in a press release few exceptions. Specifcally, individuals Under the bill, individuals between the promoting the bill. between the ages of 18 and 21 who are age of 18 and 21 will be unable to obtain This sentiment is echoed by gun control either active or retired peace ofcers, law a long gun through sale or transfer from lobbyists throughout California. Allison enforcement ofcers, active or retired a California licensed frearms dealer. A Anderman, a representative of the Gifords members of the military, and individuals long gun refers to frearms like shotguns Law Center to Prevent Gun Violence, says who already possess a California hunting or rifes. Three of the deadliest shootings gun control legislation “was really primed” since 1999—Columbine, Sandy Hook, and for success last year. More than one dozen Continued on Page 2 Parkland—all involved long guns. 2 THE ADVOCATE February 2019 STAFF Editor-in-Chief Shannon Cullen Senior Managing Editor California Bans long guns for PeoPle under 21 Ruben Peña Managing Editor license are not prohibited from acquiring long that this particular age range is causing Ardy Raghian guns through sale or transfer. problems associated with frearm crimes in The California Rife and Pistol Association connection with long guns.” Meanwhile, gun Staf Writer(s) Jenna Anderson (CRPA) lobbied in opposition of the bill, saying control lobbyists cite several academic studies Emily Ashley these exceptions are not enough. Matthew that suggest otherwise. Emily Branan Cubeiro, an attorney for the CRPA, says “it There were 94 school gun violence incidents Christopher Daley is going to drastically impact individuals that in 2018 alone, which is 59 percent higher than Bianca Garcia Vince Ghazzawi are interested in the sport of frearms and the previous record of 59 in 2006, according to Evan Gordon individuals that want to learn about frearm data from the U.S. Naval Postgraduate School. Sarah Gregory safety and how to efectively and safely engage However, the data shows that the great majority Lubna Hakim Jasper Hall in that sort of community.” of the 1,355 school shooting incidents since Wanying Li Before SB 1100 was enacted, individuals 1970 involve handguns, while long guns like Ivan Muñoz between the ages of 18-21 were required to rifes and shotguns makeup only about 9 percent Pedro Naveiras pass a number of tests in order to purchase a of these incidents. Kirby Nguyen Joshua Srago long gun. This criterion included background Nonetheless, the Gifords Law Center to Chris Vu checks and the receiving of a Firearm Safety Prevent Gun Violence says there is a dangerous Certifcate. Gun rights lobbyists like the CRPA gun culture in schools that is causing fear and Staf Photographer Michelle Zhou say the promotion of frearm safety courses unrest among minors. A 2018 report by the law Design Editor is a better alternative to current gun control center shows that nearly 60 percent of high Kristen Daly methods. schoolers report concerns about a potential mass “If we take this approach that people shooting in their school or community. Two- Email The Advocate: shouldn’t be taught frearm safety, that is where thirds of school districts now require schools [email protected] problems can occur and accidents can happen,” to conduct active-shooter drills, with kids as The Advocate is the student news said Cubeiro. “I’m not saying everyone needs young as two participating. publication of Santa Clara University to own or handle a gun, but policy makers seem “Preventing even one person under the age of School of Law. The various sections to be more concerned with passing laws that 21 from committing any kind of gun violence of The Advocate are articles that restrict frearms than their jobs and the issue of with a long gun is an important goal,” said refect the viewpoint of the authors, and not the opinion of Santa Clara public safety.” Anderman. “So, if this bill does that, then we University, The Advocate or its Cubeiro says “there is really no evidence think it’s efective.” editors. The Advocate is stafed by ofered by the author [of SB 1100] to suggest law students. rumor mill By Susan Erwin being thoughtfully self-critical so that you can told that we should have warned the students. We Senior Assistant Dean make genuine improvement. The Law School is do! committed to helping you do that - that’s why we It just doesn’t work to just tell students Dear Rumor Mill, created the Ofce of Academic & Bar Success and something and expect them to internalize it. It seems like everyone is nervous about last July’s all the programs they ofer.