Many in Congress are condemning President Donald Trump’s just announced decision to declare a national emergency to help build a wall
Trump’s ability to declare a national emergency is probably Legal and Effective; Members of Congress Have Nobody But Themselves to Blame If Trump Succeeds
WASHINGTON, D. C. (February 15,2019) – Many in Congress are condemning President Donald Trump’s just announced decision to declare a national emergency to help build a wall on the southern border, but such a declaration would apparently be both legal and effective, at least according to the respected and impartial Congressional Research Service [CRS] and other legal scholars.
Q4 hedge fund letters, conference, scoops etc
Moreover, any blame for such an action must be shared by current and former members of the Congress who passed legislation not only giving presidents the statutory authority to declare a national emergency without any standards, but also providing a largely ineffective termination mechanism to prevent the abuse of the power, argues public interest law professor John Banzhaf.
Indeed, the very existence of the termination mechanism may make is even less likely that any court challenge to his action will be successful, especially in the long run, and assuming that the courts hold that someone has legal standing to challenge his decision, adds Banzhaf.
In a major report issued this year, the CRS concluded that, although it „would raise a variety of novel legal issues,“ „the President may seek to avail himself of broader authorities by declaring a ’national emergency‘ under the National Emergencies Act (NEA). [50 U. S. C. §§1601-1651] Such a declaration could enable the President to invoke certain emergency military construction authorities established by the Military Construction Codification Act (MCCA).“ [10 U. S. C. §§ 2801-2885]
The CRS reported more specifically that „Upon declaring a national emergency pursuant to the NEA, the President may invoke the emergency military construction authority set forth in 10 U. S. C. § 2808 (Section 2808). . .. Section 2808 provides that upon the President’s declaration of a national emergency ‚that requires use of the armed forces,‘ the Secretary of Defense may ‚without regard to any other provision of law.
