National Emergency Powers and Trump’s Border Wall,

New Post Public Reply Private Reply Replies (0) Message Board
Lmcat
84
National Emergency Powers and Trump’s Border Wall, Explained

WASHINGTON — As the budget standoff between President Trump and congressional Democrats grinds into the third week of a partial government shutdown, the White House has floated the idea that Mr. Trump might invoke emergency powers to build his proposed wall on the Mexican border without lawmakers’ approval.

That route could resolve the immediate crisis by giving Mr. Trump a face-saving way to sign spending bills that do not include funding for his wall. But it would be an extraordinarily aggressive move — at a minimum, a violation of constitutional norms — that would most likely thrust the wall’s fate into the courts. Here is a primer on whether Mr. Trump can use emergency powers to proceed with the project without explicit congressional permission.
What are emergency powers?

The president has the authority to declare a national emergency, which activates enhancements to his executive powers by essentially creating exceptions to rules that normally constrain him. The idea is to enable the government to respond quickly to a crisis.

Although presidents have sometimes claimed that the Constitution gives them inherent powers to act beyond ordinary legal limits in an exigency, those claims tend to fare poorly when challenged in court.

But presidents are on firmer legal ground when they invoke statutes in which Congress delegated authorities to the executive branch that can be generated in emergencies. In a recent study, the Brennan Center for Justice at New York University School of Law identified 123 provisions of law granting presidents a range of such powers.

The National Emergencies Act, enacted during the post-Watergate reform era, regulates how presidents may invoke such powers. It requires them to formally declare a national emergency and tell Congress which statutes are being activated.
Can Mr. Trump use them to build a wall?

Maybe. The Trump administration could point to two laws and say they allow officials to proceed with building a border wall without first obtaining explicit authorization and appropriations from Congress, according to Elizabeth Goitein, who oversaw the Brennan Center’s study and is a co-director of its Liberty and National Security Program.

One of the laws permits the secretary of the Army to halt Army civil works projects during a presidentially declared emergency and instead direct troops and other resources to help construct “authorized civil works, military construction and civil defense projects that are essential to the national defense.”


Another law permits the secretary of defense, in an emergency, to begin military construction projects “not otherwise authorized by law that are necessary to support such use of the armed forces,” using funds that Congress had appropriated for military construction purposes that have not yet been earmarked for specific projects.

In light of those statutes and similar ones that give presidents flexibility to redirect funds in a crisis, the Trump administration could point to serious arguments to back up Mr. Trump if he invokes emergency powers to build a wall, said William C. Banks, a Syracuse University law professor who helped write a 1994 book about tensions between the executive and legislative branches over security and spending, “National Security Law and the Power of the Purse.”

https://www.nytimes.com/2019/01/07/us/politic...rgency.htm
Scroll down for more posts ▼

Top 10 Most Recent News Articles

TrailBlazer Magazine Snags a Tribune for In-House Design

Updated Category News Views 1

Who Knew? Design Awards Aren't Just for Pretty Pictures TrailBlazer Magazine gets a pat on the back from GDUSA's 2026 Inhouse Design Awards, a nod to top-notch design work. With over 4,000 entries across the board, getting into the top 10 percent is like finding a steakhouse with zero line on a Friday night. Not exactly common, right? Design Worth Cheering For The winning...

Continue Reading
Rackspace Lawsuit Deadline: Investors Must Take Action

Updated Category News Views 2

Rackspace's Legal Predicament: Time for Action Alright folks, if you're holding shares of Rackspace Technology (NASDAQ:RXT), it’s time to sit up and pay attention. This is about more than bad PR or a temporary hiccup in the stock price—this is serious business. We’ve got until September 28, 2026, to decide if we’re in or out on this class action lawsuit train....

Continue Reading
Fujifilm's New 400mm Lens: A Game Changer?

Updated Category News Views 0

Big Moves from Fujifilm's Camp Now we're talking, Fujifilm! Just when you think they might ease off the throttle, they crank up the heat with the XF 400mm f/4.5 R LM OIS WR lens. This isn’t just your run-of-the-mill update. It's a significant addition to their already beefed-up lineup for sports and wildlife. You know what that means: more reach, less baggage. Compact...

Continue Reading
Greenberg Traurig Shines in 2026 Palm Beach Attorney List

Updated Category News Views 1

Legal Eagles Soar in the Sunshine State Right out of the gate, it looks like Greenberg Traurig's West Palm Beach office is getting all the spotlight. Twenty-one of their legal hotshots have clinched spots on Palm Beach Illustrated's 2026 'Top Lawyers' list. For those keeping score, that's a hefty nod in this competitive market. A Closer Look at the Selection Process Now,...

Continue Reading
Orbis Celebrates 20 Years of Eye Care in Macau

Updated Category News Views 2

Celebrating Two Decades of Eye Health Innovation Orbis, a name synonymous with eye care worldwide, has hit a remarkable milestone. Celebrating two decades of commitment to eye health in Macau, they've rolled out their Flying Eye Hospital with a mission of profound impact. This isn't just about a fancy airplane; it’s about real, lasting change through training projects...

Continue Reading
October 15 Marks Prologis Q3 2026 Results Call

Updated Category News Views 2

Prologis Steps Up to the Plate This October If you’ve got a finger in any logistic pies, make sure it's wrapped around the latest from Prologis come October 15. The logistics behemoth is rolling out the red carpet for its third quarter results, with all eyes on what their senior management will spill. Frankly, you don’t just show up to these things to sip coffee and...

Continue Reading
Pathlock Faces Identity Governance Opportunities in 2026

Updated Category News Views 0

Challenges in Identity Governance Emerge for 2026 Imagine a world where digital identities run wild—unmonitored, orphaned, dormant. Welcome to 2026, where identity governance and administration (IGA) face a reckoning, dragging enterprises into the spotlight as they scramble to protect against identity chaos. With Pathlock’s recent recognition in the Gartner Market...

Continue Reading
2026 AI Talent Study Reveals Growth and Gaps

Updated Category News Views 0

Pushing Forward Yet Stumbling on the Details We've got a fresh scoop from the AI Leaders Council: They just rolled out their 2026 Corporate AI Talent Study. What's the big fuss? Well, they're tracking how companies are cozying up to artificial intelligence. Let's just say it's a mixed bag this time around. While almost everyone jumped on the AI bandwagon, only a scant 3%...

Continue Reading
LG Electronics Unveils Smart Home Innovations at IFA

Updated Category News Views 1

Alright, let's dive into this world of shiny new gadgets that LG Electronics has trotted out at the IFA 2026. As European homes get cozier, folks aren't just after any appliance—they're seeking ones that blend smarts, efficiency, and style. So, LG's rolling out seven of their latest and supposedly greatest home appliances, hoping they'll hit the mark with the modern...

Continue Reading
CAPR Faces Lawsuit and FDA Delay: Investor Alert

Updated Category News Views 1

Trouble Brewin' for Capricor Investors Buckle up, folks. Capricor Therapeutics (NASDAQ: CAPR) is caught in a storm, facing not just the lengthy arm of law with a securities class action, but also a seemingly endless wait with the FDA's decision on their lead product. We're talking serious implications for anyone with skin in the game. The FDA's Delayed Blessing So the...

Continue Reading

Top 5 Most Recently Viewed Articles

Exploring the Rise of the Global Canned Tuna Market by 2034

Updated Category News Views 140

Overview of the Canned Tuna Market The global canned tuna market is making significant strides, currently valued at approximately USD 33.52 billion and projected to potentially exceed USD 45.49 billion by the year 2034. This growth trajectory is supported by a rising demand for convenience and high-protein seafood options, which are particularly appealing to...

Continue Reading
Ball Corporation's 2026 Presentation: Is It a Packaging Mirage?

Updated Category News Views 179

Ball Corporation (NYSE:BALL) is set to strut its stuff at the Bank of America 2026 Global Agriculture and Materials Conference on February 26. Traders are eyeing this gig with skepticism, especially after seeing their net sales sit at $13.16 billion in 2025. That's a hefty sum, but what’s beneath those shiny numbers? The desks are already buzzing with chatter about...

Continue Reading
Sanoma Corporation's Recent Share Repurchase Highlights

Updated Category News Views 123

Understanding Sanoma Corporation's Share Buyback Strategy Sanoma Corporation is making headlines with its recent share repurchase program, which reflects a strong commitment to enhancing shareholder value. The initiative is not just a routine financial maneuver; it’s a strategic decision aimed at reinforcing investor confidence and optimizing the company’s capital...

Continue Reading
JotPsych's Innovative Leap into AI-Driven Healthcare Solutions

Updated Category News Views 260

JotPsych Secures Significant Seed Funding JotPsych, a pioneering startup in the field of behavioral health technology, has successfully raised $5 million in seed funding. This notable investment was led by Base10 Partners, which aims to catapult JotPsych into a new phase of development as it strives to create the first fully agentic Electronic Health Record (EHR). The...

Continue Reading
Password Weaknesses Expose Organizations to Cyber Threats

Updated Category News Views 190

Increasing Vulnerabilities in Password Management In the current landscape of cybersecurity, one alarming trend continues to emerge: the increasing vulnerability of enterprise passwords. Recent findings from a well-respected security validation company reveal that a staggering 46% of tested environments have at least one password hash that has been cracked. This reflects...

Continue Reading