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Some things to think about if Trump declares a national emergency to build the wall. 1/x
1) There is an authority — Title 10, Section 2808 — that allows the Secretary of Defense to use unobligated military construction funds to build things if the president has declared a national emergency. 2/x
2) On its surface, that authority appears to be very broad. It requires notification of Congress, rather than the approval of Congress. 2/x
3) The dollar figure is limited to what is currently left over in the military construction account, which could be enough to cover the wall (I don't know what the number is right now). 4/x
4) But definitions are important. The law authorizes secretaries of the military branches to "undertake military construction" projects. The law defines military construction projects in a lengthy set of prescriptions. 5/x
5) The law says "military construction" refers to any "construction, development conversion or extension of any kind" carried out at a "military installation." 6/x
6) A "military installation" is precisely defined as a "base, camp, post, station, yard, center, or other activity under the jurisdiction of the secretary of a military department." 7/x
7) It's possible that in order to qualify under those conditions that a wall would have to be permanently under the supervision of the military -- not just built by the Army Corps -- rather than Homeland 8/x
8) Which means you could have the military permanently conducting law enforcement on U.S. soil, which raises the Posse Comitatus question. 9/x.
9) Yes, that's a roundabout way of getting to the crux of one of the issues surrounding the national emergency/wall discussion, but the definition of military construction could become an issue in this debate. 10/10.
