Emergency powers and the wall
1. Two potential outcomes regarding the border are that the government is going to shut down again or that Trump will declare a national emergency.
2. Democrats would argue that Trump can't declare a national emergency to get the wall funded and built.
3. Bush used his emergency powers after the 9/11 attacks, and Obama used his during the swine flu epidemic in 2009.
4. The National Emergencies Act of 1976 decides that the president can only use the powers Congress has granted him, and that he has to specify which power he is using.
5. If Trump declares a national emergency, he and his team will need to find laws to back up his decision, as well as deal with Congress's reaction.
6. If he declares a national emergency, Trump could reallocate the money from the military toward construction for the wall by claiming it was needed for defense.
7. In Youngstown Sheet & Tube V Sawyer, the Supreme Court decided that Truman trying to nationalize striking US steel mills during the Korean War was unconstitutional.
8. To stop a president who has declared national emergency, Congress would need a 2/3 majority to override him, as passing a joint resolution to override him would need to be approved by the very person they need to override.
2. Democrats would argue that Trump can't declare a national emergency to get the wall funded and built.
3. Bush used his emergency powers after the 9/11 attacks, and Obama used his during the swine flu epidemic in 2009.
4. The National Emergencies Act of 1976 decides that the president can only use the powers Congress has granted him, and that he has to specify which power he is using.
5. If Trump declares a national emergency, he and his team will need to find laws to back up his decision, as well as deal with Congress's reaction.
6. If he declares a national emergency, Trump could reallocate the money from the military toward construction for the wall by claiming it was needed for defense.
7. In Youngstown Sheet & Tube V Sawyer, the Supreme Court decided that Truman trying to nationalize striking US steel mills during the Korean War was unconstitutional.
8. To stop a president who has declared national emergency, Congress would need a 2/3 majority to override him, as passing a joint resolution to override him would need to be approved by the very person they need to override.
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