Posted by 08 January 2019
President Trump wants a wall on the U.S.-Mexican border. Congress does not want to appropriate money for it. So the president is considering doing an end-run around the legislative branch by declaring an emergency, enabling the military to use its funds to build the wall. If he does that, say some observers, it could prompt a constitutional crisis.
The issue of the border wall is one that then-candidate Trump campaigned on from the day he announced his candidacy for president. Once elected, he has pushed Congress to provide money for it. While spending bills have contained money for border security, there has been no decision to allocate money to build the wall as envisioned by the president.
The government is currently undergoing a partial shutdown because President Trump has refused to sign a spending bill to keep it open unless that bill has $5 billion in it to construct roughly 200 miles of a border wall. Democrats in Congress have refused to go along with this demand, and neither side seems willing to shift from its positions.
Since he cannot get the money from Congress, President Trump is now considering another route. Under this scenario, he would use provisions of a 1978 law to declare a national emergency. That would give him leeway to use some military funding to build the wall. Under this law, however, Congress could pass a resolution that would disapprove of his action. There are also legal scholars who dispute that the president would be able to declare an emergency over the situation at the border. They say that this action would not survive legal challenge and would be unconstitutional.
President Trump will discuss this issue during a televised address tonight.
Do you think that President Trump should declare a national emergency to bypass Congress and build a border wall?