'Emergency Powers' – Be Careful What You Wish For

Bob Barr Jan 30, 2019

 

It’s a universal law of politics – every president considers the powers he inherits from his predecessor as the “floor,” not the “ceiling,” for powers he will exercise; considering these to be the minimum powers on which he will build his administration, rather than a limitation thereon. This should be a cautionary rule for Republicans now urging President Donald Trump to declare a “national emergency” in order to construct a border wall without congressionally-approved funding.

Following the government “shutdown” stalemate with House Democrats, wherein the President was not able to successfully negotiate funding for a border wall with Mexico, the Administration now is openly considering declaring a “national emergency” and making an end-run around the Congress.

The primary vehicle for such a move would be the 1976 “National Emergencies Act.” While this broadly-worded Act arguably can be interpreted to permit such moves by the President, extreme caution, not abandon, should be the guide........... To Read More.....