Trump Can Use National Emergency Declaration, Military to Build the Wall

[Common]

Says the Democrat House Chairman of the Armed Services Committee

I say do it Mr President then call a meeting with Pelosi and Schumer and laugh and say well if you had offered any solutions to secure the border instead of just being against the wall, this wouldnt have happened.

On Sunday, Rep. Adam Smith (D-Wash.), the chairman of the House Armed Services Committee, told George Stephanopoulos on ABC’s “This Week” President Donald Trump does have the authority to declare a national emergency and use the U.S. military to build a wall on the U.S.-Mexico border.

“Does President Trump have the ability, have the authority, to national emergency, have the military build his wall,” Stephanopoulos asked.

“Well, unfortunately, the short answer is yes. There is a provision in the law that says the president can declare an emergency. It’s been done a number of times,” Smith replied.

He noted, however, that course of action has been primarily used to build facilities overseas.

https://townhall.com/tipsheet/julior...-wall-n2538580

[roadmaster]

We are not stupid. The ADL will challenge him in the courts if he does this. I give Trump no pass. Stick with the shutdown. If he caves he will not get our support. He may play we don't.

[Peter1469]

If we use funds appropriated to the military to build a wall, we are talking about military construction. The last I worked this issue if military construction will cost over $2.5M it has to be approved by Congress. And that is done through the budget process: you will see a line-item in the relevant National Defense Authorization Act that specifies specific major military construction projects.

If the DoD wants to deviate from what congress has said about any particular major military construction project them must go through congress to get approval. If not, congress can tell the DoD to stop work until the issue is resolved.

I dealt with this issue often on my last Iraq tour. Military construction (MILCON) is one of the primary ways congress checks what the DoD is doing. The DoD gets around this oversight by making "temporary" structures that cost less that the threshold for MILCON.

[MMC]

Yep its Legal for Trump to do so.....but he will be taken into court on it.


The Demos own the shutdown. Trump needs to stay the course. Although I think he and the Repubs should challenge the Demos to debate the issue publicly. The Demos won't knowing they will be humiliated and caught up in their lies.

[Peter1469]

Yep its Legal for Trump to do so.....but he will be taken into court on it.


The Demos own the shutdown. Trump needs to stay the course. Although I think he and the Repubs should challenge the Demos to debate the issue publicly. The Demos won't knowing they will be humiliated and caught up in their lies.

Which statute would this action be taken under?

[Green Arrow]

It still has to pass Congress.

[Peter1469]

It still has to pass Congress.

Not by a vote, but by the arcane rules regarding appropriated funds. But yes, Congress can block any MILCON project that they wish.

[MMC]

Which statute would this action be taken under?

I don't know what statute they would use. But Lessig a Harvard Law Professor said....."The American constitution does not contemplate such presidential unilateralism."



Lessig writes:

Of all the constitutional norms that this president has upset, this, ultimately, may be the most significant. And it is this innovation that the Republicans especially should check. For do they now concur in the precedent that a president has the constitutional authority to insist upon whatever policy he likes, regardless of its support in the public? If a Democrat were elected on the promise to establish single-payer healthcare, does she then have the moral authority to shut down the government until Congress nationalizes the insurance industry? Or directly regulates pharmaceuticals? If she were elected on the promise to address climate change, can she stop the ordinary functioning of government until Congress passes a carbon tax?

Of course not, Lessig concludes: "The American constitution does not contemplate such presidential unilateralism."


If there was money that Trump could use to build a wall, many experts agree it will likely come from undesignated Pentagon funds. But speaking with NBC News, Matt Dallek, professor at Washington University's Graduate School of Political Management and an expert in presidential power, said that Trump can "declare some kind of national emergency, but what it would allow him to do legally is a totally different question.".....snip~


https://www.commondreams.org/news/20...ic-doesnt-want


No telling what leftists and their comprehension will come up with. But Adam Fullof$#@! also said Trump would be taken into court. Naturally he didn't say under what statute.

[The Xl]

All of these $#@!s just do whatever they want. Rules only apply to the plebs. Land of the free my ass.

[alexa]

Says the Democrat House Chairman of the Armed Services Committee

I say do it Mr President then call a meeting with Pelosi and Schumer and laugh and say well if you had offered any solutions to secure the border instead of just being against the wall, this wouldnt have happened.

On Sunday, Rep. Adam Smith (D-Wash.), the chairman of the House Armed Services Committee, told George Stephanopoulos on ABC’s “This Week” President Donald Trump does have the authority to declare a national emergency and use the U.S. military to build a wall on the U.S.-Mexico border.

“Does President Trump have the ability, have the authority, to national emergency, have the military build his wall,” Stephanopoulos asked.

“Well, unfortunately, the short answer is yes. There is a provision in the law that says the president can declare an emergency. It’s been done a number of times,” Smith replied.

He noted, however, that course of action has been primarily used to build facilities overseas.

https://townhall.com/tipsheet/julior...-wall-n2538580

That's not what he said. I know this will shock you, but Trump lied again.

Trump accurately quoted part of Smith’s answer given in an interview on ABC News’s “This Week,” but omitted what he said next.
Smith relayed that such powers have been used primarily to build facilities in Afghanistan and Iraq, two countries where the United States has fought wars.
“In this case, I think the president would be wide open to a court challenge saying, ‘Where is the emergency?’ You have to establish that in order to do this,” Smith told host George Stephanopoulos. “But beyond that, this would be a terrible use of Department of Defense dollars.”

https://www.washingtonpost.com/polit...=.1f9bdb36fb85

Trumplings are such simple, gullible creatures.