Question

Make a Constitutional-legal Argument as to whether or not President Trump had the constitutional authority to use National Emergency. Legislation to divert Federal Funds appropriated for Construction in the Defense Department and divert that money to construction of the border wall.

Answer 1

On February 15 2019, Donald Trump declared a National Emergency concerning the Southern Border of the U.S and ordered diversion of funds ($8 Billion) which were appropriated for Construction in Defense Department for the construction of Border Wall. Under Trump's plan $3.6 billion assigned to military construction, $2.5 billion meant for the Department of Defense's drug interdiction activities, and $600 million from Treasury's forfeiture fund would be diverted for wall construction.

Such declaration of a national emergency was condemned by Democrats as unconstitutional and a gross abuse of power of the presidcency and a desperate attempt to distract from the fact that President Trump broke his core promise to have Mexico pay for his wall. As a reaction, Congress passed a joint resolution to terminate this emergency, which was later on nullified by Trump by using his veto power.

This declaration was challenged in the Federal Court , with California and 16 other states suing the federal government on grounds of separation of power.

Hence, such an act implemented by a President is unconsitutional and uncalled for to say the least, as many other economists and session courts would agree as well. It is a classic case of abuse of power.