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."
President Joe Biden named Jerome Powell, initially appointed by President Trump, to keep his seat as the chair of the Federal Reserve on Monday amid the ongoing challenges of the pandemic, inflation, and unemployment. David Beckworth, a former international economist for the Treasury Department and a senior fellow with the Mercatus Center, joined Cheddar to discuss what he sees as the practicality of Biden's decision. "What Powell brings to the table is he's built up political capital with Republicans and Democrats," he said. "It's easy for him to get the job done. I think in one way he was the path of least resistance for the president."
In a surprise turn of events, Elizabeth Holmes took the stand in her own defense on Friday and is expected to continue her testimony later today. Holmes, who founded a blood testing start-up Theranos back in 2003, faces 11 counts of wire fraud as well as conspiracy to commit wire fraud. Aron Solomon, Chief Legal Analyst, Esquire Digital joined Cheddar's Opening Bell to discuss.
Jill and Carlo cover the developing story out of suburban Milwaukee, where a speeding SUV careened through a Christmas parade. Looters get more brazen in San Francisco, the missing Chinese tennis star resurfaces, and more.
Michael Tubbs, former Mayor of Stockton, California and author of 'The Deeper the Roots,' joined Cheddar Movers to talk all about his new memoir, and his ongoing fight to make meaningful change in his community.
The House narrowly passed President Biden's $1.7 trillion Build Back Better bill, the largest expansion of the social safety net in decades. The final vote was 220 to 213, with only one Democrat joining all Republicans in opposing the bill. It now heads to the Senate, where it faces an uncertain fate. Jennifer Haberkorn, congressional reporter for the Los Angeles Times, joins Cheddar News' Closing Bell, where she breaks down the current version of the bill, where it goes next, and what it could mean for the country if it eventually reaches the president's desk.
Two murder trials in focus in America — Wisconsin V. Kyle Rittenhouse and Georgia V. Travis Mcmichael, Gregory Mcmichael, and William Bryan, the Men who killed Ahmaud Arbery. Civil rights and criminal defense lawyer Anthony Tall and the Founder and CEO of Kim Crowder consulting Kim Crowder, joined Cheddar to discuss more.
Rep. Ruben Gallego (D - Arizona) joined Cheddar to discuss the passing of President Biden's Infrastructure Bill and his new book, 'They Called us 'Lucky,' about his time serving in the Iraq War.
