https://www.nationalreview.com/corner/on-stupid-emergency-laws/
I’m getting to be a bit of an old dog to learn many new tricks, but maybe some day I’ll learn not to be flip when the situation calls for something more thoughtful.
This morning, I was interviewed by Fox News’s Bill Hemmer about what to expect from President Trump’s speech tonight and, in particular, whether the president could legitimately declare a national emergency in order to rationalize the reallocation of Defense Department funds for the construction on the southern border of a “wall” — or, at least, some kind of physical barrier (the semantics of which are of more interest to the Beltway’s posturing antagonists than they are to me — if I may be flip about it).
I don’t think the president should do this because it is bad policy (I’ll come to why); and I hope he won’t do it because it would be smarter to try to convince more of the public that he has a good case, which would put pressure on Congress to address the problem. But that said, I do not doubt that federal law empowers the president to declare a national emergency and reprogram funds to construct civil-defense projects the president deems essential to national defense. (See, e.g., Section 2293 of Title 33, U.S. Code.)
Speaking with one of the producers as commonly happens before these interviews, I glibly opined described as “stupid” this and other laws strewn through the federal code that authorize executive action on the president’s unilateral determination that action is required.