National Emergency number 59th in the USA - Seeker's Thoughts

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National Emergency number 59th in the USA

USA president Donald Trump declared a national emergency on 15, February over the issue of building a wall at the US-Mexico border without the democrat, majority congress approval.
 Congress had refused to release funds for the wall’s construction.
 This step has been described by the democrats as unconstitutional and they have vowed to challenge it.
It may seem like a drastic action, but he is hardly the first American president to take such extraordinary steps for what he sees as the interest of the nation.

Why national emergencies are so common in USA?
Since 1976, presidents have declared at least 58 states of emergency. Most of them were under the International Economic Emergency powers which allows the president to impose economic sanctions.

In 2009, president Barack Obama declare a national emergency amid the outbreak of H1N1, better known as swine flu and allowed the waiving of some rules such as privacy laws. 
This would be 59th emergency by Mr Donald Trump, and there are s still over 30 currently active that were never officially called. 

What can a president do with emergency powers?
Generally, emergency powers can help a president act in any serious or urgent situations when executive branch’s standard capabilities are too limited. 
The thinking is that president is ultimately tasked with safeguarding a nation’s safety and prosperity and, in a crisis, should be empowered to move swiftly as needed.

Additionally 136 statutory powers are there which a president may use in the case of national emergency, two of which may apply to the border wall. 

First permit- the president to use funding already allocated to military construction to begin “military construction projects not otherwise authorized by law.”

Second, allows the president to take away troops and other resources from department of army civil works projects and apply them to “authorized civil works, military construction and civil defence projects that are essential to the national defence.

So the emergency over building a wall on the US-Mexico border is legal?
Both of these two statutes which are explained above provide some legal cover if the president declares a state of emergency to fund for the border wall, they each raise important questions. 
Does the wall qualify as “military construction’? A necessary component to the first statute? Or, as the second requires, has congress already “authorised” a wall?

What qualifies as a national emergency?

Both, the president and congress can declare a national emergency whenever they see fit. Despite the severe-sounding label, no broadly agreed-upon “emergency” is actually required.

It means that while the underlying data doesn’t support parts of the Trump administration’s argument about the dangers at the southern border- for example, the number of illegal immigrants has decreased over the last two decade and according to the state Department’s Bureau of counterterrorism, there is “no credible information that any member of a terrorist group has travelled through Mexico to gain access to the United States. So the president nonetheless can rule it an emergency.

Impact of the National Emergency
In the national emergency situation president Donald Trump is expected to face many legal and political challenges. Two lawsuits have already been filed against the National emergency. US congress can also terminate a declared emergency by passing a joint resolution which is a difficult task.
The democrat’s power at the House of Representatives will have to convince the republicans who control the senate to join them in blocking the national emergency. They would have to get signature from the president himself who has declared the emergency.

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