Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

The border fence in El Paso, Texas. PA Images

Why Trump declaring a border wall emergency may prove more of an obstacle for himself

The US president’s wall is far from a sure thing even now.

US PRESIDENT DONALD Trump has done what he has been threatening to do for months, by declaring a national emergency in an attempt to get his much-promised border wall built.

The demand for the wall precipitated the recent government shutdown and although another shutdown has been averted, Trump has now escalated the dispute in pursuit of the wall.

The deal struck in Congress to fund government and avoid the shutdown includes almost $1.4 billion for fences and barriers along the southern border.

The amount is far short of the $5.7 billion required for the wall envisaged by Trump.

To get around this shortfall, the president will have to tap funding that does not require the approval of congress and this is where the declaration of a national emergency comes in.

The move is a significant use of executive power, is divisive in his own party and been described as an abuse of power by Democrats.

But what does it mean for Trump’s presidency and the wall itself?

Emergency act

The 1976 National Emergency Act essentially grants a president special, temporary powers allowing them to deal with a crisis.

Since it was introduced it has been used 58 times, but mostly to deal with foreign problems.

In many cases, the powers are used to freeze foreign or terrorist assets or to block imports from certain countries, such as conflict diamonds.

In the case of President Barack Obama, the only national emergency declaration not related to foreign policy was when one was declared to deal with the H1N1 flu pandemic.

When a president declares a national emergency, they are required to specify exactly which powers they intend to use.

In this case, the powers most useful to Trump would be those to direct the armed forces and to shuffle military construction funds.

Military construction accounts are used for the upgrade of bases and facilities and the Associated Press reports that there could be $21 billion available there.

But using this kitty for the wall could meet resistance, with the money often going towards improvements to housing, roads, hospitals and other facilities.

Not to mention the problem Trump could face from Republicans representing districts with military bases if money is taken away from those facilities.

The move would also go against long-held Republican principles of reducing rather than expanding the powers of federal government.

In addition, the use of emergency funding to build the wall is also likely to be vigorously contested in court.

House Speaker Nancy Pelosi said Democrats are “reviewing our options” about how to respond to Trump’s move but described it as “a lawless act” and “a gross abuse of the power of the presidency”.

A challenge to the action could prove to be a major headache for the president, if precedent is anything to go by.

As Vox points out, during Obama’s presidency Trump had tweeted opposition to Obama’s executive moves to give protections to immigrants facing deportation.

In that case, Obama’s moves fell foul of the courts and one of the key arguments was that the policies attempted to usurp the role of Congress. That same argument would almost certainly be used in court actions against Trump’s national emergency declaration.

Speaking in the White House Rose Garden, Trump himself acknowledged that legal challenges are inevitable. 

“I expect to be sued, but I think we will win,” he told reporters. 

Readers like you are keeping these stories free for everyone...
Our Explainer articles bring context and explanations in plain language to help make sense of complex issues. We're asking readers like you to support us so we can continue to provide helpful context to everyone, regardless of their ability to pay.

Close
44 Comments
This is YOUR comments community. Stay civil, stay constructive, stay on topic. Please familiarise yourself with our comments policy here before taking part.
Leave a Comment
    Install the app to use these features.
    Mute Mick Jordan
    Favourite Mick Jordan
    Report
    Jan 21st 2013, 2:01 PM

    “We are here for the Christians”. Hmm maybe the Algerians should have waited uh Damoclies? How many of the hostages were already dead before the Algerians went in? 20,30? How many more would have died waiting for that extra assistance?

    58
    Install the app to use these features.
    Mute Damocles
    Favourite Damocles
    Report
    Jan 21st 2013, 2:27 PM

    “Damoclies”

    I’m not even going to bother, that’s just childish.

    8
    Install the app to use these features.
    Mute Patrick Lavery
    Favourite Patrick Lavery
    Report
    Jan 21st 2013, 3:29 PM

    People..yuo think that as Europeans,the “Freedom fighter”you are dealing with or reading about has the same “euro” thoughtstream as yourselves..Ah No..In his Religeous zealot eyes..you are the problem to be eradicated..plus your wife,kids,extended family,neighbours in fact everybody who does not subscribe to his beliefs.

    42
    Install the app to use these features.
    Mute Declan Noonan
    Favourite Declan Noonan
    Report
    Jan 21st 2013, 5:03 PM

    And Japanese are buddhists!

    25
    Install the app to use these features.
    Mute Sean Mee
    Favourite Sean Mee
    Report
    Jan 21st 2013, 2:36 PM

    Regardless of British/American foreign policy, it is no justification to murder innocent workers. There is never a justification for terrorism.

    24
    Install the app to use these features.
    Mute John Jordan
    Favourite John Jordan
    Report
    Jan 21st 2013, 5:21 PM

    Relax everybody, none of the oil or gas was damaged in the attack. Life goes on as normal.

    22
    Install the app to use these features.
    Mute Dr_Serious
    Favourite Dr_Serious
    Report
    Jan 21st 2013, 6:06 PM

    You’re some moron

    27
    Install the app to use these features.
    Mute John Jordan
    Favourite John Jordan
    Report
    Jan 21st 2013, 8:47 PM

    It was an ironic comment in fairness, on the general hidden price of oil and gas, but shur don’t worry

    14
    Install the app to use these features.
    Mute Kevin O'Brien
    Favourite Kevin O'Brien
    Report
    Jan 21st 2013, 2:31 PM

    If the tenets of Islam or being a victim of big power politics were enough to drive a person to murder, then the world would be full of rabid Islamic fundamentalists. It’s not, so the logic behind both of your posts is faulty.

    Neither of you are taking into account personal responsibility. It takes a certain type of person to kill another human being in a premeditated assault. Any religious or political reasoning behind such an attack is just a flimsy attempt at justifying the unjustifiable. Quite simply, these people were monsters with no regard for life.

    21
    Install the app to use these features.
    Mute John Jordan
    Favourite John Jordan
    Report
    Jan 21st 2013, 7:05 PM

    It was an ironic comment in fairness, on the general hidden price of oil and gas, but shur don’t worry.

    19
    Install the app to use these features.
    Mute Mark Quigley
    Favourite Mark Quigley
    Report
    Jan 21st 2013, 2:21 PM

    Stupid comment. I think religion is to blame. Oh and American/British foreign policy.

    16
    Install the app to use these features.
    Mute BrianFlaherty
    Favourite BrianFlaherty
    Report
    Jan 21st 2013, 2:58 PM

    Kevin

    The Islamic world is full of muslims who will kill those who insult islam, the only reason the rest of the world isn’t , is because we are not all muslim yet and there are people willing to oppose it. I would like to see you say that in the various parts of England where in London muslim patrols are now going around telling people to cover up and others to stop drinking, they also previously blacked out body parts like legs of women on bus shelter posters etc. Of course lest we forget the directors and others killed for depicting islam in any way critical. I do not see that happening with any other religion. Get real.

    3
    Install the app to use these features.
    Mute Vincent Kavanagh
    Favourite Vincent Kavanagh
    Report
    Jan 21st 2013, 11:12 PM

    Its really getting that this will be a world war well a holly war hope im on the winning side :-)

    2
    Install the app to use these features.
    Mute RiobairdOMaingain
    Favourite RiobairdOMaingain
    Report
    Jan 22nd 2013, 6:10 AM

    The current trend of blaming financial woes on ‘foreigners’ such as in France,UK,Greece and slowly but surely Ireland and the rise of Far Right parties will be the start of the Third World War.Islamists must be crushed without mercy they thrive on the tolerance of the West.

    3
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.

Leave a commentcancel

 
JournalTv
Video Player is loading.
Current Time 0:00
Duration 0:00
Loaded: 0%
Stream Type LIVE
Remaining Time 0:00
 
1x
    • descriptions off, selected
    • captions off, selected
      News in 60 seconds