Business

Aid Vs. Aide : National Emergencies in the Age of Trump

Published

6 years ago

February 22, 2019

Is Trump’s “Emergency” really an outlier?

President Trump declared the emergency on Friday to reroute billions of dollars to fund the creation of his long promised border wall. This, after Congress passed a bill that allocated $1.375 billion for its construction. With this emergency, Trump plans to allocate $8 billion to the wall, as well as $3.6 billion in military construction funds, and taking an additional $2.5 billion from the Department of Defense.

Presidents who claim National Emergencies rely on various moves and powers provided by Congress. Congress has long been the core source of emergency authority for the executive branch. Congress can pass laws to give the president wiggle room during military, economic, health, and labor issues.

In 1976, The National Emergencies Act was passed. It basically ended all previous national emergencies, and formally bestowed emergency powers to the president.

The White House has contended that the maneuver is a commonplace one and needed to skirt gridlock . According to the Brennan Center for Justice, presidents have declared national emergencies 60 times, including Trump.

The common National Emergency consists of these elements:

prohibiting unlawful trade and exporting
regulating/blocking/isolating bad actors
Emergency aid

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This scenario is unique due to a National Emergency being linked to a rallying cry, and campaign promise.

Is it unconstitutional?

All roads lead to the Supreme Court—where the party line suits Trump.

As I predicted, 16 states, led mostly by Open Border Democrats and the Radical Left, have filed a lawsuit in, of course, the 9th Circuit! California, the state that has wasted billions of dollars on their out of control Fast Train, with no hope of completion, seems in charge!
— Donald J. Trump (@realDonaldTrump) February 19, 2019