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."
John Petrides, Portfolio Manager at Tocqueville Asset Management, joins Cheddar News' Closing Bell, where he breaks down Monday's market activity amid the emergence of the omicron variant, and what it could mean for the Fed's timeline when it comes to raising rates and tapering pandemic aid.
Earlier in the week, we saw President Biden nominate Jerome Powell to serve as Fed chair for another four-year term in the midst of the country’s struggles with covid, inflation, and supply unrest. Claudia Sahm, senior fellow at the Jain Family Institute and former Federal Reserve and White House economist explains why the markets saw a boost following the nomination.
House Democrats saw a big win on Friday when President Biden's trillion dollar Build Back Better social spending bill was passed but now the question is - can the bill hold up in the senate as it faces possible ongoing scrutiny from not only Republicans, but also some Democrats. Julia Manchester, reporter at The Hill, explains whether or not the bill will make it to President Biden's desk by Christmas.
Jamil Jaffer, Founder and Executive Director of the National Security Institute, joined Cheddar to discuss the concern surrounding Chinese tennis star Peng Shuai's disappearance following a social media post accusing a former high-ranking Chinese official of sexual assault.
Just hours before the scheduled execution of inmate Julius Jones, the Governor of Oklahoma Kevin Stit has now granted commuted his sentence to life in prison without the possibility of parole. Several advocates along with a number of celebrities have been fighting to stop the execution. Defense Attorney and Police Director Erin Haney, joined Cheddar to discuss more.
The book 'The Brainwashing of My Dad' examines how the rise of right-wing media changed a father and impacted the nation. Author of the book, Jen Senko, joins Cheddar News to discuss the history and future of conservative media.
Natalie Fertig, Federal Cannabis Policy Reporter for Politico Pro, joined Cheddar to discuss the shift among republicans to support federally legalizing marijuana.
The House has officially passed the $1.75 trillion social policy and climate big. This new bill is expected to bring some huge investments into working towards fighting climate change. U.S. President of We Don't Have Time, Sweta Chakraborty, joined Cheddar to discuss more.
Guilty verdicts have been handed down to the three men charged with killing Ahmaud Arbery. Arbery was out for a jog in February 2020 when Travis McMichael, William "Roddie" Bryan, and Gregory McMichael chased him down and killed him. The judge read the verdicts for each of the three men aloud, starting with the man who pulled the trigger, Travis McMichael. Kirk Burkhalter, professor at New York Law School joins Cheddar News to recap the trial.
All three defendants in the Ahmaud Arbery killing were found guilty today on numerous charges including felony murder. Criminal Defense Attorney Anthony Hall joined Cheddar to discuss.
