Can A National Emergency Be Challenged In Court? Trump Faces Some Roadblocks

[Judi Lynn]

By KAVITHA GEORGE
an hour ago

Can A National Emergency Be Challenged In Court? Trump Faces Some Roadblocks
By KAVITHA GEORGE
an hour ago

Thursday afternoon, minutes before the Senate approved a spending bill to stave off another shutdown, the White House announced that President Trump would be declaring a national emergency. Fulfilling a threat the president has made since the beginning of the 35-day shutdown several weeks ago, it would allow him to appropriate military funding for a border wall that Democrats in Congress refuse to support. But according to The Washington Post, Trump is still looking at some roadblocks along the way, as a national emergency appears likely to be challenged in court.

The power to declare a national emergency comes from the National Emergencies Act of 1975; it's basically a measure to allow the president special (temporary) powers in order to handle a crisis, without having to wait on Congress for a lengthy vote. In the past, president's have used this option to handle events like the Civil War, the Great Depression, and the Sept. 11 attacks. In fact, the nation is currently under 31 other active national emergency declarations right now, dating back to 1979.

According to the Congressional Research Service, there are a number of legal questions that will come into play if Trump goes ahead with this declaration. These include whether the current situation at the border "rise[s] to the level of a 'national emergency'," and whether it's appropriate for the military to even get involved.

According to The Post, national emergency funding for the wall could come from Department of Defense's $10.3 billion in military construction funds, or potentially even from the existing $13.9 billion in federal disaster funds. Assuming the president sticks to his demand for $5.7 billion in wall funding, the first option would drain a significant chunk of the appropriated construction budget, redirecting money away from projects like military family housing, and medical and educational facilities.

More:
https://www.bustle.com/p/can-a-national-emergency-be-challenged-in-court-trump-faces-some-roadblocks-15955918

[thegoose]

1. I saw on MSNBC that he can't

A guest was saying the Texas landowners would raise holy hell when he tries to steal their land and it'll be in court forever.