What Happens When the President Declares a National Emergency?
President Trump has declared a national emergency today, upside down , in an attempt to fund the U.S.-Mexico border. In doing so, he will effectively bypass Congress and gain access to billions of dollars, among other opportunities, including the ability to impose a curfew and even restrict our actual movement (yes). This is a daunting amount of power for any president, but what exactly does this declaration declare? Here’s what you need to know:
What is a declaration of a national emergency?
Good question! Before we define an “emergency,” you need some context: President Gerald Ford is the person responsible for the first enactment of the 1976 National Emergency Act .
This act made it possible for any president to declare a national crisis that threatens the country and its security (“crisis”, however, is vaguely defined and largely depends on the president’s discretion).
According to a 2007 Congressional Research Service report , declaring a state of emergency gives the president a number of powers, including the ability to freeze bank accounts, confiscate goods, confiscate and control all communications, assign military forces, and restrict travel. As Atlantic notes, any power received should not even be relevant to the emergency in question. In other words, the president is pretty damn strong.
In a statement, Trump explained his plans to divert funds from the Defense Department’s military-building budget to build the wall. “We have so much money that we don’t know what to do with it,” Trump said. “I don’t know what to do with all the money they give us.”
Can it be stopped?
It seems, as it were, something like. Citizens cannot prevent the president from declaring a state of emergency. However, the National Emergencies Act gives Congress the power to terminate the state of emergency (as reported by NPR , Congress must also be made aware of the national emergency and each force involved).
Congress may decide to reverse the statement if both the House of Representatives and the Senate vote in favor. However, to date, this check has never been used in US history. It is also highly unlikely if Republicans control the Senate (although there are a number of Republicans who have expressed disapproval).
Has this power been used before?
Yes, and quite often (in fact, more than 50 times , and usually several times during each presidency). In particular, Bush used it shortly after 9/11 in an attempt to gain power over the military. Obama used power in 2010 in response to threats from Somali pirates.
And Trump has already used it three times in just his presidency (twice in response to threats from international affairs and once in response to Russian interference in the elections).
What happens next?
Jesus got behind the wheel! No, really, your guess is no worse than mine.
A recent New York Times article claims Trump cannot unlock funds for the wall, arguing it is a federal crime. Currently, House Democratic leaders are planning to block the announcement.
In a statement, Trump said he was also awaiting prosecution for the statement, and House Speaker Nancy Pelosi said Democrats could sue.
“This is clearly a seizure of power by a frustrated president who has gone beyond the law to try to achieve what he failed to achieve in the constitutional legislative process,” Pelosi and Senator Chuck Schumer’s minority leader said in a joint statement after the announcement.
At the moment, the situation continues .