President Trump never caved nor could even if he wanted to. It’s not in his DNA and political makeup. The President must immediately commence construction of the wall and has at his disposal a variety of theories and policies that would provide such including a modified application of the doctrine of anticipatory repudiation, provided infra as analogy via a UCC model. Why? Because the Democratic leadership is signaling refusal to abide by its duties and responsibilities. That’s why.
Uniform Commercial Code › U.C.C. – ARTICLE 2 – SALES (2002) › PART 6. BREACH, REPUDIATION AND EXCUSE › § 2-610. Anticipatory Repudiation.
§ 2-610. Anticipatory Repudiation.
When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may
(a) for a commercially reasonable time await performance by the repudiating party; or
(b) resort to any remedy for breach (Section 2-703 or Section 2-711), even though he has notified the repudiating party that he would await the latter’s performance and has urged retraction; and
(c) in either case suspend his own performance or proceed in accordance with the provisions of this Article on the seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (Section 2-704).
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