{"id":393206,"date":"2019-01-17T18:21:51","date_gmt":"2019-01-17T17:21:51","guid":{"rendered":"http:\/\/rinf.com\/alt-news\/newswire\/why-he-cannot-invoke-the-emergencies-act-to-build-a-wall\/"},"modified":"2019-01-17T18:21:51","modified_gmt":"2019-01-17T17:21:51","slug":"why-he-cannot-invoke-the-emergencies-act-to-build-a-wall","status":"publish","type":"post","link":"http:\/\/rinf.com\/alt-news\/newswire\/why-he-cannot-invoke-the-emergencies-act-to-build-a-wall\/","title":{"rendered":"Why He Cannot Invoke the Emergencies Act to Build a Wall"},"content":{"rendered":"
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Drawing by Nathaniel St. Clair<\/p>\n<\/div>\n

The more President Trump changes his mind about declaring a national emergency to build his wall the less likely it is that he has the authority to do it.\u00a0 But even if he had declared a national emergency immediately, it is unlikely the Constitution or congressional statute allows him to do it.\u00a0 That is perhaps why Trump has not invoke emergency powers to build the wall\u2013basic principles of American law suggest he lacks the authority to do it.<\/p>\n

The US Constitution is a power conferring document.\u00a0 There are no extra-constitutional powers.\u00a0 Before the president or any branch of the national government does something it needs to trace authority back to the explicit text of the Constitution or the power must be necessarily implied.\u00a0 In the case of the president, his authority comes from Article II of the Constitution, or he may be delegated some additional authority to him from Congress via Article I.<\/p>\n

Under Article II section 1, executive power is vested in the president.\u00a0 Under Article II, section 3, the president shall take care that the laws are faithfully executed.\u00a0 Through either of these clauses the president can issue an executive order and declare a national emergency, but what does that really mean?\u00a0 Does it mean presidents can ignore existing law or do whatever they want for whatever reason?\u00a0 Doubtful.\u00a0 President\u2019s cannot manufacture an emergency and then invoke undefined\u00a0 powers to ignore the law or the Constitution;…<\/p>\n<\/div>\n

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Drawing by Nathaniel St. Clair The more President Trump changes his mind about declaring a national emergency to build his wall the less likely it is that he has the authority to do it.\u00a0 But even if he had declared a national emergency immediately, it is unlikely the Constitution or congressional statute allows him to […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[519],"tags":[],"class_list":{"0":"post-393206","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-newswire"},"_links":{"self":[{"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/posts\/393206","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/comments?post=393206"}],"version-history":[{"count":0,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/posts\/393206\/revisions"}],"wp:attachment":[{"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/media?parent=393206"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/categories?post=393206"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/tags?post=393206"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}