This is a terrific thought, but I don’t think getting wall done in Texas first saves you from activist judges in the 9th circuit. Their overreach and activism knows no geography.
The injunction will happen this week. He can use the amount appropriated. And he can use the discretionary mil funds. But the full $8billion will be held.
There's nothing lawless about the president using an emergency declaration to make available already appropriated funding for military construction of a border fence. The fence, emergency declaration, and appropriations transfer authority all derive from existing laws.
Congress gave the president authority to declare emergencies via the National Emergencies Act of 1976. Congress authorized the construction of a border fence via the Secure Fence Act of 2006. And it appropriated funding for military construction projects via Public Law 115-244.
There are fair *political* arguments to make against the president using a declaration of emergency to fund border fence construction, but the *legal/constitutional* arguments against it are baseless. POTUS has the authority to do this because Congress repeatedly gave it to him.
There is no new legal or constitutional precedent, given that Bush and Obama used emergency declarations to unilaterally transfer appropriated funds for other purposes at least 18 times during their presidencies.
The WH did not make one executive action today. In reality they made three, only one of which involved an emergency declaration.
First the WH announced they would be funding $601 million in wall construction from the Treasury Forfeiture Fund, relying on 31 U.S.C. § 9705. This does not require an emergency declaration.
Second, the WH announced they would be funding $2.5 billion in wall construction under 10 U.S.C. § 284 (this is MilCon $ for combating drug trafficking). This does not require an emergency declaration.
Finally, the WH announced they would be funding $3.6 billion under 10 U.S.C. § 2808. This money does require an emergency declaration.
According to the WH this money will be spent sequentially so the § 9705 money will be spent first then the § 284 money then the § 2808 money.
So depending on how fast they can begin construction, they will spend over $5 billion (including the $1.3 billion in fencing appropriations) before any of the emergency money is ever tapped
I know virtually nothing about Federal laws but i do know concrete, and i can honestly say this...
Whats missing is actual coverage of wall construction going on right now. Not just one section of razor wire going up but trucks hauling the steel panels or just the beams, the trenching equipment, the cranes, the concrete mixers.
If this is true, you have to assume the President would have taken advantage of this years ago, no? The WH has access to all the information and expert advice it needs to decide whether or not to take action.
In the mean time, why not remove the incentives that attract the illegals here in the first place? Where are the fees on money transferred south of the border? Penalties on employers who hire illegals? E-verify?
Plenty can and should have been accomplished while waiting for construction to start.
May I add that congress is absolutely and completely corrupt. God please bless and keep President Trump and his Family safe
Keep in mind that the work can be done before having to pay contractors. The contractors could be financing much of the costs.
Not an expert. I will post information.
Summary. The congress has the power to overrule emergency declarations by passing a joint resolution.
Think about how it would work letting a judge or 3 or a state block the response to a national emergency. That’s why the law gives the power to 1 person, the commander-in-chief with the congress as a check and balance. Trump should tell the courts they have no standing, but he has already referred to the appeal process.
Info coming. Maybe an expert will chime in.