Legal obstacles await if Trump declares emergency for wall

[Rogue Valley]

Legal obstacles await if Trump declares emergency for wall

1/11/19
President Trump on Thursday sent strong signals that he is prepared to declare a national emergency in order to get his border wall built. But it's unclear whether he has the authority to use presidential emergency powers to obtain federal funding without congressional approval. Legal experts say the law could be interpreted in different ways depending on what steps Trump takes. But they agree that whatever move he makes is likely to set the stage for another high-profile courtroom battle, one that could very well come before the Supreme Court. Here's what you need to know.
What constitutes a national emergency?
The 1976 National Emergencies Act doesn’t clearly define what constitutes a national emergency. “The statute is so broad it literally doesn’t have a standard,” said Bobby Chesney, a professor at the University of Texas School of Law. That could give Trump the upper hand, at least initially. Other experts note that courts often defer to the president when it comes to matters of national security. For example, when the Supreme Court last year ruled on Trump’s travel ban, a majority of justices said the president had made a plausible argument that the policy was needed for national security reasons, even though he had called it a “Muslim ban.” Trump said this week that if he “can’t make a deal with people who are unreasonable” he will declare a national emergency, calling it his “absolute right.”
Who could challenge the declaration in court?
To have standing in court, a plaintiff would need to show they have been injured by Trump’s emergency declaration and that their injury could be rectified by a favorable decision from the court. Chesney wrote in a Lawfare blog post this week that House Democrats could try to bring a case, but he noted that legislative standing is often difficult to establish. “Other possible litigants with standing might include a landowner who faces eminent domain as a result of this,” Chesney wrote. That could broaden the pool of potential plaintiffs given that the vast amount of land along the border is privately owned. Another entity that could sue is a business that loses a government contract because funding is reallocated to the border wall, Chesney said.
Where could the funding come from?
Democrats have refused to give Trump the $5.7 billion he’s demanding for his border wall, but declaring a national emergency could allow him to draw on funding that’s already been approved by Congress. The National Emergencies Act requires the president to specify which provisions of the law he plans to invoke, and some experts say there are two statutes that might allow Trump to pull funds from military construction projects.

I would fully expect any such declaration by Trump to be challenged in various courts by members of Congress, land owners along the border, and any corporate litigants whose contracts would be breached and/or profits would suffer from Trump raiding Pentagon funds (i.e. Army Corps of Engineers projects).

As to the highlighted above: If Trump can bypass Congress with this "national emergency" gambit, then I would fully expect the 2020 Democrat president to invoke the same gambit to bypass the GOP Senate for such national emergencies as gun control, climate change, healthcare, etc. during the next presidential cycle. Obviously, Trump hasn't thought this process through very carefully. I strongly urge everyone to read the Related article below.

No furloughed government employees will receive a paycheck now until the government is funded. Added to the growing list of unpaid federal workers going forward are FBI agents, Border Patrol employees, and airport controllers.

Due to staffing shortages, a terminal at Miami airport has been forced to close.

Related: The worst case scenario for conservatives if Trump invokes emergency powers to build a border wall

 

[Rogue Valley]

Republicans worry Trump’s national emergency could set a new precedent for Democrats

Added to the list of no paychecks - FBI, DEA, ATF, CBP, airport controllers, and USDA food inspectors.

 

[WillyPete]

I worry the the blame could shift to Democrats if they aggressively fight Trump in the courts, so I'd leave it to his fellow GOP-mates and the MIC, or whoever's money Trump intends to pillage for this.

I'm pretty sure they don't see it as unallocated funding, and they aren't going to let $5 billion walk away without a fight.

I say get out of his way with a shrug and watch the train wreck.

 

[Mycroft]

Legal obstacles await if Trump declares emergency for wall

I would fully expect any such declaration by Trump to be challenged in various courts by members of Congress, land owners along the border, and any corporate litigants whose contracts would be breached and/or profits would suffer from Trump raiding Pentagon funds (i.e. Army Corps of Engineers projects).

As to the highlighted above: If Trump can bypass Congress with this "national emergency" gambit, then I would fully expect the 2020 Democrat president to invoke the same gambit to bypass the GOP Senate for such national emergencies as gun control, climate change, healthcare, etc. during the next presidential cycle. Obviously, Trump hasn't thought this process through very carefully. I strongly urge everyone to read the Related article below.

No furloughed government employees will receive a paycheck now until the government is funded. Added to the growing list of unpaid federal workers going forward are FBI agents, Border Patrol employees, and airport controllers.

Due to staffing shortages, a terminal at Miami airport has been forced to close.

Related: The worst case scenario for conservatives if Trump invokes emergency powers to build a border wall

What makes you think there will be a 2020 Democratic President?

Or are you just counting chickens?

 

[JustHanging]

Legal obstacles await if Trump declares emergency for wall

I would fully expect any such declaration by Trump to be challenged in various courts by members of Congress, land owners along the border, and any corporate litigants whose contracts would be breached and/or profits would suffer from Trump raiding Pentagon funds (i.e. Army Corps of Engineers projects).

As to the highlighted above: If Trump can bypass Congress with this "national emergency" gambit, then I would fully expect the 2020 Democrat president to invoke the same gambit to bypass the GOP Senate for such national emergencies as gun control, climate change, healthcare, etc. during the next presidential cycle. Obviously, Trump hasn't thought this process through very carefully. I strongly urge everyone to read the Related article below.

No furloughed government employees will receive a paycheck now until the government is funded. Added to the growing list of unpaid federal workers going forward are FBI agents, Border Patrol employees, and airport controllers.

Due to staffing shortages, a terminal at Miami airport has been forced to close.

Related: The worst case scenario for conservatives if Trump invokes emergency powers to build a border wall

He wants to be able to declare "victory" to his base. So he'll declare the emergency, declare the wall will be built, and then declare victory to his base.

After the base cheers loudly, he could care less about the final outcome imo.

 

[Rogue Valley]

What makes you think there will be a 2020 Democratic President?

Or are you just counting chickens?

I'm willing to bet for signatures. You game?

 

[Rogue Valley]

If there IS a crisis on the southern border, why has Trump not already declared a national emergency?

Because there is no border crisis. There only a political crisis between Trump and his 'build-the-wall' hard-right base.

A strange southern border CRISIS! indeed if Trump can wait numerous weeks before declaring it a "national emergency"

 

[Mycroft]

I'm willing to bet for signatures. You game?

So...you ARE just counting chickens.