Someone explain why he finds it necessary to declare an “emergency” and engage in confrontation with certified fools. He has and has always had the constitutional power to simply order the Army Corp of Engineers to build a wall/security barrier along the southern border. He does not even have to state a reason!
“Someone explain why he finds it necessary to declare an “emergency” and engage in confrontation with certified fools.“
Ok,
Because the plan calls for showing the American Public who their real enemies are, by actually getting them to show us themselves.
In 1976, Congress enacted the National Emergency Act in its burst of post-Watergate reforms designed to restrict presidential power. While the new law terminated most existing emergencies, it did not set out any definition of a national emergency or limit the president’s ability to declare one...Congress has passed at least two laws that give the president the power to transfer funds to a construction project, such as a wall, after a declaration of emergency. The first, Section 2808 of Title 10 states that:
In the event of a declaration of war or the declaration by the President of a national emergency in accordance with the National Emergencies Act (50 U.S.C. 1601 et seq.) that requires use of the armed forces, the Secretary of Defense, without regard to any other provision of law, may undertake military construction projects, and may authorize the Secretaries of the military departments to undertake military construction projects, not otherwise authorized by law that are necessary to support such use of the armed forces. Such projects may be undertaken only within the total amount of funds that have been appropriated for military construction, including funds appropriated for family housing, that have not been obligated.The second law involved here is Section 2293 of Title 33 of the U.S. Code. That law allows the secretary of defense to reallocate funds from military construction projects:
In the event of a declaration of war or a declaration by the President of a national emergency in accordance with the National Emergencies Act [50 U.S.C. 1601 et seq.] that requires or may require use of the Armed Forces, the Secretary, without regard to any other provision of law, may (1) terminate or defer the construction, operation, maintenance, or repair of any Department of the Army civil works project that he deems not essential to the national defense, and (2) apply the resources of the Department of the Army’s civil works program, including funds, personnel, and equipment, to construct or assist in the construction, operation, maintenance, and repair of authorized civil works, military construction, and civil defense projects that are essential to the national defense.This statute appears even more generous than Section 2808. It does not demand that a national emergency require the use of the U.S. Armed Forces; it allows that an emergency that “requires or may require” their use will do. It also does not require that the construction be necessary to support the armed forces. Instead, it requires that (a) the civil works, military construction, or civil defense project be “authorized”; and (b) the project be “essential to the national defense.”
“He has and has always had the constitutional power to simply order the Army Corp of Engineers to build a wall/security barrier along the southern border”
Why do people keep posting this like a) no one ever explored it and b) that is how it works?
Did anyone ever see TR just “order” construction of battleships?