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Saturday, February 02, 2019

CRS: President Can Build Border Wall Without National Emergency or Additional Action by Congress

The Congressional Research Service (CRS) says President Trump has the legal authority to build significant portions of a border wall without additional congressional authorization or declaring a national emergency.

That conclusion was reached in a report released by the non-partisan federal agency on January 10. A Department of Defense official made a similar legal argument in testimony before the House Armed Services Committee on Tuesday.

As for the declaration of a national emergency to construct the wall, while many legal scholars agree that the president has the legal authority to do so, the expectation is that any such declaration would be immediately met with a legal challenge, possibly to be filed in the very liberal Ninth Circuit, where a judge would likely halt any construction of a border wall, possibly until the case made its way to the Supreme Court.

The report cited two sections of Title 10 of the U.S. Code: Section 2803 and Section 284, which are are separate and distinct from Section 2808, the section of Title 10 that grants presidential authority under the National Emergencies Act.

More here

1 comment:

Anonymous said...

He has the authority so he should build some type of barrier, a wall a fence or even concertina wire,which nobody seems to object to 10ft high and 10ft thick with a lot of surveilance should put a serious dent in the amount of people trying to enter illegally. Of course if they actually get thru that concertina wire they will need some serious medical attention and if they get hung up let'em die and rot right there, that should discourage most from even trying it.