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Trump's calculated emergency plan for the construction of a wall



T The budget dispute between President Trump and Congress has now entered its third week. The house will not pass a spending bill that gives Trump the $ 5.6 billion he wants for his wall, or even some money for it. Trump does not sign any bill she does not include.

The resulting partial government shutdown is only now reaching the point where it begins to hurt where key government employees work without pay.

Trump is looking for a way out and he might have found one. He announced that he would declare a national emergency and use it as an excuse to build the border wall he promised and executed.

Although such a measure could solve the decommissioning problem (at least for this year), this would be done at the expense of proper constitutional order. While this ad hoc solution is plausibly legal, this is a terrible way of governing and just another sign that Congress has given up its rightful power to oversee the executive.

Trump's plan was to declare an emergency at the border and use this emergency to justify issuing military building funds for the construction of a wall.

Emergency management has become common practice. In 201

7 there were 28 different active national emergencies. Some are real and threatening, but few are imminent. Six come from the presidency of Bill Clinton, which ended 18 years ago. There were more than a dozen public health emergencies at that time, and literally hundreds of public declarations of disagreement are made every year, some of them more deserving than others.

Such explanations do not always constitute an abuse of power, but are often used only to create certain beneficial legal situations or to release money for one or another purpose. The Congressional Research Service stated in 2007 that emergency powers exist by law that allow the president to "confiscate property, organize and control the means of production, confiscate resources, use military forces abroad, use martial law," Use, control and control martial law Transport and communications regulate the operation of private companies, restrict travel and control the lives of United States citizens in various ways.

If one looks at this list, it should be clear that such power is inevitably abused. Although there are some checks (including the judicial review of many "emergency terms") against the emergence of false emergencies, the presidents have far too much Power to act alone.

Even if you support the construction of a border wall, it should worry you that this power is in the hands of other presidents whose agenda you will not support. The Conservatives rightly called a foul when former President Barack Obama claimed he could "not wait for Congress". What has changed since then?

It is possible that Trump will find a clever "emergency method" for financing his wall. (It's also possible that he will be tried in court until the end of his presidency, but who counts?) If it is legal for the president to declare an emergency as an excuse for issuing money without the approval of the congress, this is nonetheless the case is a terrible sign that the neglect of our constitutional machinery worsens the system created by our founders.

If the legislature wants to build a wall, it should first design a better barrier between congressional and executive powers.


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