President Trump should declare an emergency to build the wall

The National Emergencies Act of 1976 provides the statutory basis for a president to declare a national emergency.  The law requires that the president identify the provisions that allow him to exercise the power: SEC. 301. When the President declares a national emergency, no powers or authorities made available by statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes that he, or other officers will act.  Such specification may be made either in the declaration of a national emergency, or by one or more contemporaneous or subsequent Executive orders published in the Federal Register and transmitted to the Congress. This means that the president must identify the statute that allows him to do what he wants to do, which in this case means using money from the defense budget to build the wall. If Congress disagrees, it can pass a joint resolution, but the...(Read Full Post)

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