Skeptic Bob
DP Veteran
- Joined
- Oct 6, 2014
- Messages
- 16,626
- Reaction score
- 19,488
- Location
- Texas
- Gender
- Male
- Political Leaning
- Libertarian - Left
I have mentioned this in some threads but decided it needed its own thread. Trump keeps saying he can declare a national emergency to get the funds needed to build the wall. I do believe he probably has the authority to redirect funds to build the wall and to order the Army Corps of Engineers to oversee the construction.
However, it does not appear that the President has the authority to seize private property, even during a national emergency, without the backing of Congressional legislation.
During the Korean War the steel mills went on strike. This was obviously a detriment to the war effort and President Taft attempted to seize the mills. SCOTUS, however, ruled that the President has no such authority to seize private property without the backing of Congressional legislation.
https://en.m.wikipedia.org/wiki/Youngstown_Sheet_&_Tube_Co._v._Sawyer
I’m no lawyer, but the way I read that tells me that even if Trump comes up with the money and manpower, he won’t be able to get the land. The only possible workaround to that might be if the State of Texas has the power to take the land. But what are the odds that the State of Texas would go against that many well-to-do landowners?
Am I missing anything? Are there some other loopholes to this that I am overlooking?
However, it does not appear that the President has the authority to seize private property, even during a national emergency, without the backing of Congressional legislation.
During the Korean War the steel mills went on strike. This was obviously a detriment to the war effort and President Taft attempted to seize the mills. SCOTUS, however, ruled that the President has no such authority to seize private property without the backing of Congressional legislation.
https://en.m.wikipedia.org/wiki/Youngstown_Sheet_&_Tube_Co._v._Sawyer
I’m no lawyer, but the way I read that tells me that even if Trump comes up with the money and manpower, he won’t be able to get the land. The only possible workaround to that might be if the State of Texas has the power to take the land. But what are the odds that the State of Texas would go against that many well-to-do landowners?
Am I missing anything? Are there some other loopholes to this that I am overlooking?