What Happens When A US President Declares A National Emergency?


Miller said Trump's actions were justified under a 1976 law giving presidents authority to declare national emergencies, although none of the 59 declared since then has involved instances when a president has attempted to override congressional refusal to approve funding for a specific proposal.

"He could choose to ignore this crisis, but he chose not to", Trump adviser Stephen Miller, an immigration hardliner, told Fox News Sunday.

But asked to cite an example of a past president invoking an emergency after being denied funds by Congress, Miller could not do so.

According to Harvard professor John Yoo, Trump has the power to declare an emergency at the border, especially because Congress in 2006 passed a law approved by Democrats and Republicans authorizing the construction of a wall. The statement also said that $3.5 billion from the Pentagon's military construction fund, $2.5 billion from the Pentagon's drug interdiction initiative and $600 million from the Department of the Treasury's drug forfeiture program will be shuffled to fund the construction of the border wall. Democratic members of Congress are preparing a joint resolution to repeal the national emergency in the coming weeks, and are expecting some Republicans will cross the aisle to pass it.

The Republican Senator from West Virginia has fallen in the clearly uncomfortable line with Senate Majority Leader Mitch McConnell in supporting the national emergency. Add blinkers to a person with Myopia and you can understand how someone can see the President's Declaration of a National Emergency as a push towards authoritarianism.

Announcing his move in the White House Rose Garden on Friday, Trump said he expected the question to go all the way to the supreme court, which he said he thought would back him.

Trump's policy adviser cited a "threat" plaguing the U.S., before underscoring that Trump won't fulfil his constitutional oath if he doesn't go to the mat on the issue of protecting his country.

"Can you name one foreign threat in the world today, outside this country's borders, that now kills more Americans than the threats crossing our southern border?"

Trump made the declaration after asking Congress to appropriate $5.7 billion for wall construction and lawmakers gave him none.

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Presidents have invoked emergency powers for decades, but this is the first time one has used an emergency to secure funding for a project that Congress has explicitly declined to find, The New York Times reports.

There is no better reason for voters to throw out Trump and Senate Republicans in 2020.

As a first term president, Trump's first goal is re-election.

"I think we do", said Duckworth.

President Trump now has roughly $8 billion for a border wall that we thought Mexico was going to pay for.

Schiff said any attempt to limit a chief executive's authority to declare a national emergency must be taken cautiously.

Yet, Tipton expressed concern about Trump's state of emergency declaration and the precedent it could set by "further concentrating power in the Executive Branch and eroding the carefully constructed system of checks and balances in the Constitution", Tipton said Friday. "Now, whether we have enough for an override and veto, that's a different story".

Sen. Ron Johnson, said he would have preferred Congress provide the money to Trump, but doesn't believe the president's action was unconstitutional.