| | | I hope the WH lawyers see this (from your link). Everyone keeps saying that all it would take is one of the half-Kenyan's judges to stop the President if he declared a national emergency and built the Wall. It looks to me like any courts that stick their noses in should just be ignored:
Section 2808 of the Emergencies Act of 1976 allows the secretary of defense to “undertake military construction projects” that are “not otherwise authorized by law that are necessary to support such use of the armed forces” in the event that the president declares a national emergency. A parallel statute, <33 U.S. Code § 2293, allows the secretary, during such a declared emergency, to redirect “the resources of the Department of the Army’s civil works program, including funds, personnel, and equipment, to construct or assist in the construction, operation, maintenance, and repair of authorized civil works, military construction, and civil defense projects that are essential to the national defense.”
Nothing about these sections should be justiciable in a court, but according to our courts, everything is justiciable. Nobody should get standing to sue in this case. If Congress doesn’t like what Trump does, it has many tools to check him. |
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