The Disquiets of Donald Trump’s National Emergency Declaration
On February 15, 2019, President Trump President Donald Trump declared a national emergency in an effort to unlock money for his promised wall on the U.S.-Mexico border. He delivered a freewheeling speech that included a number of false or misleading claims.
After signing the spending bill to keep the government open, Trump declared a national emergency citing criminal and immigration crisis at the southern border, hoping to get access to $8 billion to use for border security.
Earlier before Trump spoke, the U.S. Chamber of Commerce — a staunch proponent of Republicans in recent decades — employed social media to persuade the president to cease proclaiming a national emergency, saying it “will create a dangerous precedent” and threatens “to usurp the powers of Congress.”
President Donald Trump on Friday during the address acknowledged that rapid construction of a wall is not a necessity, but rather his preference.
Stating his intention to adduce the full authority of his executive power in a televised address inside the Rose Garden at the White House on Friday, president Donald Trump affirmed he would access billions of dollars of federal funds to erect a wall on the US frontier with Mexico.
Though Trump claimed disdain to previous national emergency declarations because they weren’t fascinating,” it’s likely because, as Toronto Star reporter Daniel Dale pointed out on Twitter, past announcements didn’t include the seizure of money for a questionable initiative Congress declined to fund.”
The president moved on to cycle over his usual talking points concerning border security, quoting incorrect statistics, including the accounts of families of people killed by immigrants and describing human trafficking scenarios that have no basis in fact.
Legal Implications and Political Conundrum of The Declaration
Trump’s national emergency declaration to build a southern border wall will be met with fierce Democratic opposition, both legally and in Congress.
At least 15 Democrats in the Republican-controlled Senate introduced legislation on Thursday to prevent Mr Trump from invoking emergency powers to transfer funds to his wall from accounts Congress has already committed to other projects.
By reorienting his quest for wall funding toward a legally uncertain strategy based on declaring a national emergency, Mr Trump risks plunging into a lengthy legislative and legal battle with Democrats and dividing his fellow Republicans.
As expected, the legal fireworks are already gearing up. The American Civil Liberties Union in response announced its readiness to sue less than an hour after the White House issued the text of Mr. Trump’s announcement, which said the “current situation at the southern border presents a security and humanitarian crisis that threatens core national security interests and constitutes a national emergency.”
NotGavin Newsom and Attorney General Xavier Becerra said Friday that California would petition to block President Donald Trump’s national emergency declaration intended at diverting federal funding to construct more walls along the southern border with Mexico.
Trump’s national emergency order is practically assured to encounter any number of protracted legal hurdles; House Democrats are already gearing up to vote on a proposal against the mandate in Congress, and, failing that, take it to court if necessary’” a likely outcome given the GOP’s control of the Senate.
American Civil Liberties Union (ACLU), which has filed many lawsuits against the Trump administration, on Friday said it planned to sue the president over his blatantly unconstitutional pronouncement of a national emergency.” The group called Trump’s move an undemocratic power grab that hurts American communities.”
In a statement, ACLU executive director Anthony Romero cited Trump’s Rose Garden remarks, when Trump said he doesn’t need” to declare an emergency, but I’d rather do it much faster.”
Newsom and Becerra announced they were developing plans for the legal action at a Capitol news conference just hours after President Trump declared a national emergency in an attempt to divert up to $6.6 billion from other projects, including military construction jobs, to build or reinforce as many as 234 miles of border barriers.
While national emergency declarations are rarely fought in court, Democrats are planning to use a 67-year-old legal precedent in an attempt to block Trump’s order. Speaker Nancy Pelosi said Thursday afternoon she may” file a legal challenge to Trump’s national emergency declaration, adding that she didn’t support any president doing an end-run around Congress.”