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Title : Does Trump have "emergency powers" that he can use to build The Wall?
link : Does Trump have "emergency powers" that he can use to build The Wall?

Does Trump have "emergency powers" that he can use to build The Wall?

Charlie Savage examines the question in the NYT:

The president has the authority to declare a national emergency, which activates enhancements to his executive powers by essentially creating exceptions to rules that normally constrain him.... The National Emergencies Act...  requires [a president] to formally declare a national emergency and tell Congress which statutes are being activated....

One of the laws [Trump could point to] permits the secretary of the Army to halt Army civil works projects during a presidentially declared emergency and instead direct troops and other resources 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, in an emergency, to begin military construction projects “not otherwise authorized by law that are necessary to support such use of the armed forces,” using funds that Congress had appropriated for military construction purposes that have not yet been earmarked for specific projects....

If he invokes emergency powers to build a border wall, Mr. Trump is almost certain to invite a court battle.... Before a court could decide that Mr. Trump had cynically declared an emergency under false pretenses, the court would first have to decide that the law permits judges to substitute their own thinking for the president’s in such a matter....

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