Hunter DeRensisDomestic Policy, United States

What would be the scope of an initiative to invoke emergency powers? What are the historical precursors of Trump's possible action?

Trump's threat to declare a national emergency to build the wall: what does the story tell? "I have the absolute right to declare a national emergency," I advised the lawyers. I'm not ready yet, but if I have to, I'll do it. I do not doubt it, I will do it " m said President Trump to a group of reporters Thursday morning. But Trump's possible decision to build a border wall is controversial not only on the left but also on the right. the the Wall Street newspaper The editorial page warned Friday that "the courts of appeal could impose new constraints on the executive power that would circumscribe the president's reaction to future crises." Congress on issues of national importance. What would be the scope of an initiative to invoke emergency powers? Presidents have repeatedly used emergency powers over the past century to circumvent the explicit laws of Congress. In March 1933, at the time of the nadir of the Great Depression, President Franklin Roosevelt declared a pressing state of emergency to enact broad economic reforms. "I will ask Congress for the last instrument to deal with the crisis: an extended executive power to wage a war against emergency, as well as the power that would be given to me if we were in fact invaded by a foreign enemy," Roosevelt said in his inaugural speech. Roosevelt declared a holiday in the banking sector, putting an end to the rush of banks. He then signed Decree 6102, which banned US citizens from holding gold bars and forced everyone to confiscate such assets from the Federal Reserve. This executive order remained in effect until the congressional intervention in 1974. In 1950, President Harry Truman implicated the United States in the Korean War, stating that it was not the case. was acting as a national emergency. Korea was the first modern war to unfold without a congressional declaration, with the president referring to "police action." In 1976, the two national emergencies still existed, as well as two others invoked under Richard Nixon in 1970 and 1971. In September 1976, Congress passed the National Emergency Act to restrict and guide presidential prerogatives. The law required that presidents keep records of all major orders made during a national emergency; that they track the expenses arising from these orders, instead of being infinite, they must be renewed each year; and, above all, that any situation of national urgency declared by a president may be resolved by a concurrent resolution of the Congress. A concurrent resolution is a measure taken by Congress that bypasses the presidential veto and requires only a simple majority of both houses. The Supreme Court declared unconstitutional the practice of the concurrent resolution in 1983 in the case of INS c. Chadha, thus removing the enforcement mechanism of the law on national emergencies. 58 national emergencies have been declared by the Presidents. Most of them are minor and allow to impose sanctions on foreigners and freeze the assets abroad. Others were major extensions of the presidential authority. George W. Bush declared different states of emergency in response to the terrorist attacks of 11 September 2001 on 14 and 23 September 2001. And in November Bush invoked 10 United States of America. 2808 under his authority of emergency. part of the United States Code, invoked in case of national emergency, "authorizes the Secretary of Defense, without regard to other provisions of the law," to "undertake military construction projects … unauthorized otherwise by law and necessary to support such use of the army "This is the law that Trump would invoke to authorize the construction of a border wall. The situation is complicated, however, because immigration is managed by the Department of Homeland Security, not the Department of National Defense. legal experts argue that the president has the power to build the wall in case of national emergency. This view does not fit with a vision of limited governmental powers. "It's fair to say that our culture, not just the legal culture … although it's counter-constitutional, they believe the president has unlimited power, he can go to war when he wants, he can spy on us when he wants, he can spend money whenever he wants.

His authority is not limited, "said Bruce Fein, former head of the Reagan Administration's Justice Department. According to Fein, "If simultaneous resolutions are unconstitutional, then it is quite clear that Congress would never have adopted these powers of urgency if it did not think that it was reserving itself the right, by concurrent resolution, to terminate it, "he says. "The Supreme Court has ruled that you can not delegate the legislative power without some kind of restrictive principles that guide its exercise. And if the president can do what he wants, he will not put any constraint on the exercise of his power. Some Republicans, like Senator Lindsey Graham, encouraging Trump to declare the urgency and move full force, others encourage restraint. Senator Chuck Grassley called it's "a bad precedent". Presidential advisors Jared Kushner and Kellyanne Conway apparently suggest alternatives to the emergency declaration. If Trump acted, he would almost certainly be challenged in court. "I do not think one case has ever been decided, certainly not by the US Supreme Court, which has supported the idea that the president has emergency powers," he said. Fein. Beyond, the situation changes from a legal challenge to a policy. Nancy Pelosi, Speaker of the House of Representatives speak calm recently, but if Trump imposed his most emblematic political goal by a legally weak procedure, Democrats could act. Whatever the measures adopted by Donald Trump and the reaction of the opposition party, they could have permanent repercussions presidency, but the US law and the executive power itself.Hunter DeRensis is a reporter for The National Interest.Image: Reuters.Read the full article