On Friday, Feb. 15, President Trump ordered a national emergency to direct more funding toward his border wall. Soon after his announcement, 16 states filed a lawsuit against the president, claiming his administration’s declaration was unconstitutional. They say the emergency was a loophole to access funds he would otherwise have no jurisdiction over. At the moment, a known $8.1 billion has been allocated, with $3.6 billion taken from the Department of Defense.
National emergencies have been utilized frequently in American politics, with 32 still in effect today. They allow the executive branch additional powers to respond immediately to a volatile situation and have generally been used to boost a failing economy or cut off trade to locations with suspected terror activity. While some situations do require action more quickly than standard procedure can accommodate, calling a state of emergency raises some concerns over potential abuse.
Checks and balances are essential to a functioning democracy. By giving each branch of government ways to control the others, the nation as a whole can be more secure because no single person or group holds absolute power. National emergencies break this trust, with an implication that sometimes a more drastic approach is essential and will be utilized for the greater good. When one is enacted in response to political dispute, this expectation of goodwill is much harder to cling to. Some major powers granted by a state of emergency are notably questionable with regards to human rights, allowing for the imprisonment of individuals without trial, seizure of property and the ability to instate martial law. Left unchecked, these powers could have terrible consequences for targeted groups, notably Mexican-Americans near the border.
Trump’s border emergency was issued just after a bill was passed which granted him $1.6 billion for the wall: far less than the $5.7 billion he was requesting. He has long held a platform against illegal immigration, but only now officially referred to this ever-present issue as a sudden emergency. This sparked outrage, as many felt he was abusing the powers of the executive branch to override the power held by congress. This is evidently the case. After his announcement, Trump said, “I didn’t need to do this, but I’d rather do it much faster,” admitting it was inessential and therefore not truly an emergency.
By issuing this lawsuit, these states hope to make clear that this situation does not warrant an emergency and, even if it did, the president would still be overstepping his reach. They say the money he hopes to repurpose is already set aside for use by Congress, and he has no power to strong-arm the national budget. With an open admission from the president that the situation is not technically urgent, and the context of multiple failed attempts to gain funding, there is more than enough evidence for him to lose in court.
