How Trump's Border Wall Differs From Past National Emergency Declarations
*By Carlo Versano*
Two years after President Richard Nixon resigned, Congress passed and President Ford signed the National Emergencies Act of 1976 in an attempt to regulate the president's ability to declare open-ended national emergencies. The point of the law, commentators said at the time, was to give Congress the power of oversight on matters of national urgency.
With a veto-proof majority, Congress could override declarations of national emergency that were executed by the president. The law was, in essence, intended to be a check on executive power.
It is perhaps ironic then that President Trump announced he will, under the provisions of that law, declare a national emergency as a way to circumvent Congress' "power of the purse" ー in this case, the body's refusal to grant him the billions he requested in border wall funding.
Since that law was signed by President Gerald Ford, there have been 58 declarations of national emergencies, 31 of which are still in effect, according to the Federal Register.
What differentiates President Trump's emergency declaration on border security ー aside from the fact that his own administration says illegal border crossings are at [near-historic lows](https://www.cbp.gov/sites/default/files/assets/documents/2017-Dec/cbp-border-security-report-fy2017.pdf) ー is that it involves an issue of domestic politics rather than foreign policy. A review of the [31 national emergencies](https://www.pri.org/stories/2019-01-11/us-currently-31-other-national-emergencies-heres-what-means) currently in effect finds that nearly all of them concern issues like economic sanctions in countries like Libya and Syria, human rights abuses in places like Venezuela, or export controls.
President George W. Bush declared a national emergency in the days after 9/11 that is annually renewed, but the vast majority of the others involve international and transnational crises that many Americans probably didn't even know existed at the time they were enacted ー and certainly don't concern domestic policy. The few domestic national emergencies addressed crises like the H1N1 pandemic that were not exactly political hot button issues.
That puts the border emergency in a category of its own, and has led even some Republicans to grumble that the president is setting a precedent that will come back to bite the party when Democrats next control the executive branch.
House Speaker Nancy Pelosi latched onto that concern on Thursday while she delivered remarks on the anniversary of the Parkland school shooting:
"Why don't you declare that emergency, Mr. President? ... A Democratic president could."
The airline industry says it is contending with staff shortages that threaten to hamper operations amid the COVID resurgence, andDelta Airlines CEO Ed Bastian called on the CDC to revise its guidance for vaccinated workers who test positive from a 10-day quarantine to just five. Chuck Liberman, chief investment officer and managing partner at Advisors Capital Management LLC, joined Cheddar to talk about the current guidance on isolation and why he believes the omicron variant calls for more relaxed guidance given its reportedly mild symptoms.
Schools are shutting down in droves as the highly contagious omicron variant surges across the country. Denisha Merriweather, director of public relations and content marketing at the American Federation for Children, an advocacy organization for vouchers and tax credits for school choice, joined Cheddar's "Opening Bell" to discuss the impact of remote learning on children. She argued that school districts have to be more proactive about the steps they are taking to engage students, and if they are unable to form better teaching methods, parents should be able to find alternative schools.
The boys discuss President Biden's plans to send out free rapid tests as the testing supply chain starts to buckle ahead of the holidays. Also, why aren't Americans having more babies, and The Matrix returns.
With the Build Back Better plan essentially out of the picture, economists are highlighting what the country might lose without the provisions designed to strengthen it. Among other things, this includes no more monthly payments for tens of millions of families, no universal Pre-K for 6 million children a year, and no billions of dollars in tax incentives for climate initiatives. Grace Segers, staff writer for The New Republic, joined Cheddar to discuss the various impacts on the economy without President Biden's spending bill.
Electric vehicle companies took a tumble Monday after Senator Joe Manchin killed Biden's 'Build Back Better' plan. Shares of Tesla, Lucid, and Rivian all fell rapidly as the plan had included significant incentives for the growing EV sector. Rich Steinberg, former executive at Nissan, BMW and Electrify America joined Cheddar's Opening Bell to discuss.
Michael Robinson, Chief Technology Strategist at Money Map Press, joins Cheddar News' Closing Bell, where he explains why small and mid-cap stocks heating up during Tuesday's session is a very good sign for a stock market that ended the day's session sharply higher.
Coming off a 2021 campaign where the prices of Bitcoin, Ether, and other cryptocurrencies reached unpreceded levels, Bitwise Asset Management CIO Matt Hougan and OpenNode Co-Founder & CTO João Almeida join Cheddar News' Crypto Craze: The Year of the Token to discuss the ways the crypto market can soar even higher in 2022.
