Fogdog
Well-Known Member
That line of argument was destroyed by the US intelligence agency's testimony before Congress a couple of days ago. Trump has no case for declaring a national emergency at the border. If he tries this tactic, it will be another expensive failure of his in the courts.10 U.S.C. § 2803 (Section 2803) provides that the Secretary of Defense
"may carry out a military construction project not otherwise authorized by law" upon determining that (1) "the project is vital to the national security or to the protection of health, safety, or the quality of the environment," and (2) "the requirement for the project is so urgent that" deferring the project "would be inconsistent with national security or the protection of health, safety, or environmental quality."
10 U.S.C. § 284 (Section 284)
"may provide support for the counterdrug activities or activities to counter transnational organized crime" of any law enforcement agency, including through the "[c]onstruction of roads and fences and installation of lighting to block drug smuggling corridors across international boundaries of the United States." Use of Section 284 Would not require a declaration of a national emergency under the NEA."
Trump Can Fund Wall Using NEA Powers Without Declaring Emergency
https://www.valuewalk.com/2019/01/trump-nea-declaring-emergency/
https://www.washingtonexaminer.com/...mp-can-build-wall-without-declaring-emergency
You should hold Trump to his promise to have Mexico pay for it. Your focus on this issue merely means you and your kind don't care about the real issues affecting people today.