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**PROCESS ALERT**
Quick thread on national emergency powers and how Trump could try to use them to build his wall.
Quick thread on national emergency powers and how Trump could try to use them to build his wall.
1/ The National Emergencies Act (1976) is the key bit of legislation.
Created during the post-Nixon tightening up of executive power rules. It reduced the number of national emergency powers and created a system of oversight.
Created during the post-Nixon tightening up of executive power rules. It reduced the number of national emergency powers and created a system of oversight.
2/ There are no preconditions Trump needs to meet to declare a “national emergency”.
He just has to sign a declaration and name which ‘national emergency’ powers he plans to use.
He just has to sign a declaration and name which ‘national emergency’ powers he plans to use.
3/ There are 136 statutory powers that become available to a president when a national emergency is declared.
But some are only unlocked if Congress declares a national emergency. The number is 123 if Trump alone makes the move.
[Figure from The Brennan Center for Justice]
But some are only unlocked if Congress declares a national emergency. The number is 123 if Trump alone makes the move.
[Figure from The Brennan Center for Justice]
4/ Each statutory power has a tight legal definition. Remember Trump must name which power he’ll use if he declares a national emergency.
The key for W House + critics likely to launch legal challenge is whether building the wall falls into the remit of the power Trump picks.
The key for W House + critics likely to launch legal challenge is whether building the wall falls into the remit of the power Trump picks.
5/ Experts point to two powers as possibilities for building the wall.
One - that the Defence Sec can order military construction projects once a national emergency is called
Official title is 10USC2808. Here’s the key bit spelling out the rules:
One - that the Defence Sec can order military construction projects once a national emergency is called
Official title is 10USC2808. Here’s the key bit spelling out the rules:
6/
Upside: Construction mentioned and Trump could seek to justify military bit by linking illegal immigration + national security (which he often does)
Downside: Legal definitions for such construction are all connected to military facilities. The wall, obviously, is not.
Upside: Construction mentioned and Trump could seek to justify military bit by linking illegal immigration + national security (which he often does)
Downside: Legal definitions for such construction are all connected to military facilities. The wall, obviously, is not.
7/
Two - Defence Sec can use resources from Army's civil works program for construction "essential to the national defense".
Official title for that power is 33USC2293. Again key bit below.
Two - Defence Sec can use resources from Army's civil works program for construction "essential to the national defense".
Official title for that power is 33USC2293. Again key bit below.
8/ But like the first there are downsides to using this one.
Civil works can only be funded if they are “authorized” (i.e. already approved.) Would the wall count?
Also there’s a qu about how much cash there is left in the civil works project.
Civil works can only be funded if they are “authorized” (i.e. already approved.) Would the wall count?
Also there’s a qu about how much cash there is left in the civil works project.
9/ The Brennan Center for Justice thinks both would be problematic. No guarantee Trump would win a court battle over either.
So in short - calling a national emergency may not be the panacea Trump’s backers crave.
*end*
So in short - calling a national emergency may not be the panacea Trump’s backers crave.
*end*
