Click For Photo: https://legalinsurrection.com/wp-content/uploads/2018/11/migrant-caravan-storms-border-via-Twitter.png
There is little question that lawyers and law professors can argue on either side of this issue and make a convincing case. But here are some of the arguments Trump’s side will probably use if it comes down to that:
It’s likely that President Trump is looking at 10 U.S.C. § 284 for authority to build the wall. That allows the Department of Defense to support other agencies of the federal government to counter drug activity and transnational organized crime, using such means as “Construction of roads and fences and installation of lighting to block drug smuggling corridors across international boundaries of the United States.”
Law - USC - § - President - Emergency
Another law, 10 U.S.C. § 2808, allows the president to declare a national emergency and direct the U.S. military to undertake military construction projects using appropriated funds for military construction, including family housing, that have not already been obligated.
Ackerman [a Yale law professor who wrote an op-ed in the NY Times saying that Trump lacks the authority] compares declaring an emergency to build a border wall to President Harry Truman’s attempt to nationalize the steel industry in 1952. That effort was struck down by the Supreme Court. This comparison is ridiculous, because that case involved the president seizing control of private property (i.e. privately owned steel mills).
Contrast - Government - Land - Border - Wall
In contrast, the government has already purchased much of the land needed for the border wall.
Much more at the link, including:
Research - Standard - Emergency - Trump - Critics
My research did not isolate a particular legal standard for “a national emergency,” so it’s possible Trump’s critics could challenge his action in the courts as insufficient on that basis. There’s plenty of violence taking place on both sides of the border in connection with drug smuggling that Trump could cite to invoke the same justification used by Clinton and Bush.
If Trump is wrong, Congress, as Ackerman noted, would have “the...
Wake Up To Breaking News!
Nie wieder, unelected bureaucrat's running our country