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NOTE: This article is continued from a first installment focusing on the the general prospects of using the military to build a border wall. READ HERE.
If President Donald Trump uses the U.S. military to build the border wall along the United States’ international with Mexico by declaring a national emergency, won’t liberals simply run to a Federal judge whom they believe to be left-wing within the Ninth Circuit and block Trump? Can Congress vote to overturn Trump’s declaration of an emergency?
Courts - Law - President - Trump - Funds
No. If the federal courts actually follow the law, President Trump cannot be prevented from “reprogramming” funds appropriated for the U.S. Department of Defense and actually using the military (such as the U.S. Army Corps of Engineers) to build the border wall.
As noted in the first installment on this topic, Congress has given a president the power to declare a national emergency by 50 U.S.C. 1621 and 50 U.S.C. 1622. A declaration of an emergency allows the President to reprogram funds in the military budget. See 33 U.S. Code § 2293 “Reprogramming during national emergencies.”
Trump - Funds - Parts - Department - Defense
Trump could reprogram funds from other parts of the Department of Defense budget — including from other DoD construction projects such as on bases, military housing, etc. — and engage in construction in areas of need for the national defense. The statute says that explicitly (although statutes are never easy reading).
But Democrats are threatening and commentators are warning that such an action would be challenged in court and in Congress immediately. Can such a plan be blocked?
USC - §1622 - Congress - President - Declaration
First, 50 U.S.C. §1622 allows the Congress to over-turn a president’s declaration of an emergency. If both the Senate and the House each pass s resolution terminating the President’s declaration of an emergency, than the emergency status terminates under 50 U.S.C. §1622. But clearly the Republican-controlled U.S. Senate would not...
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