Is Declaring a “National Emergency” to Build the Wall Legal?


Author Bio.

The president’s prime time address to the nation wasn’t intended to persuade dogmatic Democrats or to even convince skittish RINO Republicans that a real crisis exists on our southern border.

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The brief Oval Office address was designed to lay the groundwork, to first address the American people directly regarding the daily threat to America’s sovereignty — by reiterating the human tragedy of American citizens falling victim to illegal aliens and addressing the growing humanitarian hardship facing thousands of migrants at the border.

On Monday Kellyanne Conway, senior counselor to the president acknowledged that President Trump was “considering” declaring a national emergency to build the border wall and that White House lawyers had been looking at the “legal implications” of it.

“There are probably some people who want him (Trump) to declare it (the emergency) so that Congress, again, can fail to do its job,” she said. “The Congress and the courts have failed to do their jobs. They’ve given us this crisis.”

Conway’s brief public comments a day before the president was to address the nation, was a brilliant tactical maneuver by the White House, in getting the press to speculate on whether he would declare a “national emergency” during his address.

The presidents speech tying together both the humanitarian aspect of thousands of migrants living in squalor, just outside our border, and protecting American citizens from violent criminal aliens, and the number of drugs, including methamphetamine, fentanyl, and heroin pouring across our border, negates the Democratic talking-point that the crisis on our southern border is “manufactured.”

Especially when Trump cleverly made the humanitarian issue a key component of his 9-minute address to the nation, “This is a humanitarian crisis, a crisis of the heart and a crisis of the soul. Democrats in Congress have refused to acknowledge the crisis, and they have refused to provide our brave border agents with the tools they desperately need to protect our families and our nation.”

By highlighting the plight of the thousands of illegal migrants, the President (I believe) has cleverly outmaneuvered both House Speaker Nancy Pelosi and Senate Minority Leader Chuck Schumer, who seemed reluctant to actually address the President directly regarding the situation at the border, but instead focused on the government shutdown, which suggests they may have been fearful of being perceived as being in agreement with the President.

Moreover, unless there’s an 11th-hour face-saving breakthrough, look for the President to declare a “National Emergency” in order to build the wall.

White House lawyers for weeks have been looking at ways where the President can legally redirect unspent funds towards the construction of his wall. And have concluded that two laws currently on the books may, in fact, give the President the latitude he needs without first obtaining explicit authorization and appropriations from Congress.

One of the laws during a Presidential emergency declaration permits the secretary of the Army to halt Army civil works projects, and redirect troops and other recourses 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, during a “national emergency” to begin military construction projects “not otherwise authorized by law that are necessary to support such use of the armed forces.”

Those are the funds set-aside by Congress, however not yet earmarked for any specific projects.

If the President does declare a “national emergency” look for critics and opponents to immediately turn to the courts.

William Banks, a Syracuse University law professor told the New York Times, “I think that it’s possible that the President could declare a national emergency and then rely on authority Congress has historically granted for exigencies to free up some funds to support constructing a barrier along the border.”

  1. Post Author

    This sounds as though we can get the wall needed for security! Not having to wait for Democrats authorization for it from Congress.

  2. Post Author

    I say No, with respect to estd terror states importing terrorists into country & HC issues from caravans alone, I say No & Build the wall, add more wire in weak points

  3. Post Author

    This is the most ridiculous act any President has tried to do. What HE has done to government worker is utterly abusive. I hope Congress has the Balls to say no. If disasters happen like hurricanes, where will the money be to help them? On that Damn wall is where. He makes me furious.

  4. Post Author

    Absolutely legal. The one job that is strictly given to the President, any President, of these United States is the protection of our country from any invasion armed or not armed by any foreigners from outside or nation. It has been used in the past. U.S. leaders have declared national emergencies for decades. 58 of them on the books since 1979 when President Jimmy Carter signed an order to block Iranian government property from entering the country. In fact, 31 declared national emergencies remain in effect include former President George W. Bush’s Proclamation 7463 after 9/11. Three times President Trump has invoked the National Emergencies Act, including an order to sanction people over their alleged involvement in election tampering. So can President Trump do it? Why yes he can.

  5. Post Author

    I give the President a lot of credit for his patience with these unworthy disgusting democrats. I wish there was a way to fire them.

  6. Post Author

    Remember this guy
    Apparently the White House referred to Christmas Trees as Holiday Trees for the first time this year, which prompted Ben Stein, to say, on CBS Sunday Morning,

    My confession: I am a Jew, and every single one of my ancestors was Jewish. And it does not bother me even a little bit when people call those beautiful lit up, bejewelled trees, Christmas trees. I don’t feel threatened. I don’t feel discriminated against. That’s what they are, Christmas trees.

    It doesn’t bother me a bit when people say, ‘Merry Christmas’ to me. I don’t think they are slighting me or getting ready to put me in a ghetto. In fact, I kind of like it. It shows that we are all brothers and sisters celebrating this happy time of year. It doesn’t bother me at all that there is a manger scene on display at a key intersection near my beach house in Malibu. If people want a nativity scene, it’s just as fine with me as is the Menorah a few hundred yards away.

    I don’t like getting pushed around for being a Jew, and I don’t think Christians like getting pushed around for being Christians. I think people who believe in God are sick and tired of getting pushed around, period. I have no idea where the concept came from, that America is an explicitly atheist country. I can’t find it in the Constitution and I don’t like it being shoved down my throat.

    Or maybe I can put it another way: where did the idea come from that we should worship celebrities and we aren’t allowed to worship God? I guess that’s a sign that I’m getting old, too. But there are a lot of us who are wondering where these celebrities came from and where the America we knew went to.

    In light of the many jokes we send to one another for a laugh, this is a little different: This is not intended to be a joke; it’s not funny, it’s intended to get you thinking.

    Billy Graham’s daughter was interviewed on the Early Show and Jane Clayson asked her ‘How could God let something like this happen?’ (regarding Hurricane Katrina). Anne Graham gave an extremely profound and insightful response. She said, ‘I believe God is deeply saddened by this, just as we are, but for years we’ve been telling God to get out of our schools, to get out of our government and to get out of our lives.And being the gentleman He is, I believe He has calmly backed out. How can we expect God to give us His blessing and His protection if we demand He leave us alone?’

    In light of recent events… terrorist attacks, school shootings, etc. I think it started when Madeleine Murray O’Hare (she was murdered, her body found a few years ago) complained she didn’t want prayer in our schools, and we said OK. Then someone said you better not read the Bible in school. The Bible says thou shalt not kill; thou shalt not steal, and love your neighbor as yourself. And we said OK.

    Then Dr. Benjamin Spock said we shouldn’t spank our children when they misbehave, because their little personalities would be warped and we might damage their self-esteem (Dr. Spock’s son committed suicide). We said an expert should know what he’s talking about. And we said okay.

    Now we’re asking ourselves why our children have no conscience, why they don’t know right from wrong, and why it doesn’t bother them to kill strangers, their classmates, and themselves.

    Probably, if we think about it long and hard enough, we can figure it out. I think it has a great deal to do with ‘WE REAP WHAT WE SOW.’

    Funny how simple it is for people to trash God and then wonder why the world’s going to hell.
    Funny how we believe what the newspapers say, but question what the Bible says.

    Funny how you can send ‘jokes’ through e-mail and they spread like wildfire, but when you start sending messages regarding the Lord, people think twice about sharing.

    Funny how lewd, crude, vulgar and obscene articles pass freely through cyberspace, but public discussion of God is suppressed in the school and workplace.

    Are you laughing yet?

    Funny how when you forward this message, you will not send it to many on your address list because you’re not sure what they believe, or what they will think of you for sending it.

    Funny how we can be more worried about what other people think of us than what God thinks of us.

    Pass it on if you think it has merit.

    If not, then just discard it…. no one will know you did. But, if you discard this thought process, don’t sit back and complain about what a bad shape the world is in.
    My Best Regards, Honestly and respectfully,

    Ben Stein

  7. Post Author

    The president takes an oath to uphold the constitution of the United States. One of the sections of the constitution say “provide for the common defense and GENERAL WELFARE.” The border wall (not a fence – steel bars with spikes on top) is GENERAL WELFARE. It keeps American citizens alive.

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