Is the National Emergency Order right?

I sit here attempting to figure out if President Trumps latest National Emergency order is valid and right.

I went thru all the other such orders (58 of them) and found that in all but approx. 4, they all dealt with other countries. There was the 9/11 ones, and the ones about the elections. But all in all they mostly did not concern our nation directly.

in all but a couple it was restricting funds from other countries.

next I looked at the constitution.  and that was fuzzy on this.

It gives congress the power to raise revenue,

Article 1 – The Legislative Branch
Section 7 – Revenue Bills, Legislative Process, Presidential Veto

All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Article 1 – The Legislative Branch
Section 8 – Powers of Congress

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;  

and to appropriate funds for such laws as they should pass.

“Article 1 – The Legislative Branch
Section 9 – Limits on Congress

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.”

This last is where congress I would guess is fighting the President on his order. You see the constitution says no money can be drawn except by congress making a law.

The constitution gives the President executive power.  What does that entail? It does not say. The article describing the Presidency is very short.  Cornell law school Legal information institute shows that he can issue executive orders, which have the force of law but do not have to be approved by Congress. Now this next part is kinda fun and by this definition is where the President may have basis for his order, again this is from Cornell Law School.

Executive Orders

In times of emergency, the President can override Congress and issue executive orders with almost limitless power. Abraham Lincoln used an executive order in order to fight the Civil War, Woodrow Wilson issued numerous ones related to US involvement in World War I, and Franklin Roosevelt approved Japanese internment camps during World War II with an executive order

Now what would constitute an emergency? We know that the past 4 Presidents have all declared a national emergency at the border. We also know that there is a war on drugs and terrorism(loosely legislated by Congress).

Websters defines it as :

1 : an unforeseen combination of circumstances or the resulting state that calls for immediate action

2 : an urgent need for assistance or relief
So by definition 2 we see we do have an emergency.  And it rises to a national emergency. All this time we have heard from everyone, if it is such an emergency, why did he not take action sooner? I think I can answer that. Mr Trump has an odd way to govern. He actually wants the people that should be doing a job to do a job. In this case congress.  He has let it go this long to prove that they will not do the job. Now since they have failed he is forced to take action to fix the problem.  He has said that he didn’t have to do this action, true. He didn’t have to take this action if he wanted to wait 20 years for it to maybe get done. But since this is wrecking this country it has to be fixed now.
Does congress have reason to fear that he is overriding their authority? Maybe.  Does this set a precedent for future Presidents to simply declare an emergency to get the laws they want? I don’t think so, as this situation has been declared by previous Presidents and has been in the past authorized by congress to fix. This order takes nothing from the citizens and protects them.  This order does not break the constitution. It uses the powers given by the constitution and congress.
So based on all this, yes I can support his decision to issue an national emergency order, that actually is in defense of the nation. If you can find how I have gone wrong or made a mistake in this logic, Please let me know




Cornell Law School Legal Information Institute

websters definition emergency :

The United States Constitution :


Leave a Reply