It may be considered as a substantial step in the authoritarian direction for the united states and it can have legal consequences for the Trump and the White house. Trump has failed in its most important election promise: to build a comprehensive wall along the U.S.'s southern border and get Mexico to pay for it. More than 200 times has he promised this literally, but congress has refused to fund the Trumps project. For Trump, it was impossible to accept that gränsmuren not funded in the new budget agreement, but he had yet to write in it because the alternative would have been to shut down the federal government again, which would have been politically damaging.
instead, he now to this extremely controversial measure to build the great wall.
It was at the same time expected, then the White house has long been preparing for this. Chief of staff Mick Mulvaney has spent the last few months to review the resources to move from other authorities to be able to build gränsmuren, if Trump would proclaim a state of emergency.
Since 1976, there has been a law, the National Emergencies Act, which gives the president the right to declare a state of national emergency. The law does not define the criteria for an emergency and it does not require any proof of the president. The state of emergency allows the president immediately more than 100 new powers, such as the right to turn off multiple kinds of digital communication between citizens, or freeze their bank accounts.
– There are few legal restrictions on his ability to do it, honestly, even if there is no real crisis, " says Elizabeth Goitein, a security expert at the Brennan Center, to the u.s. NPR.
to declare a state of emergency allowed the president also is possible to use, for example, the defence budget for military construction projects. That Trump should declare a national emergency without having a good reason or argument for the decision may mean that he can be challenged legally.
Congress also has the opportunity to call off a state of national emergency as proclaimed by the president if they do not share his view. When, however, require both congressional chambers vote to stop it.
“the Powers in an emergency intended to stop precisely the crises, not to solve the political disputes or to take a shortcut bypassing the political process,” says Elizabeth Goitein to NPR.
Any finished wall will not be built solely with this emergency measure. It is unlikely that the resources that the White house collects will be enough for such an extensive project.
However, Trumps the violation of previous norms for the sitting presidents to have consequences for american politics for the foreseeable future. Democrat Chris Murphy, senator from Connecticut, said that Trumps the breach of the government's standards opens the door for the next president arbitrarily to be able to use the same tactics to implement domestic policy objectives. It is noteworthy that Mitch McConnell, the republican president of the senate, supports Trump's decision. McConnell hinted as late as last week that it would be a huge mistake for Trump to take such a extreme measure, but he has now chosen to once again dance after the president's barrel.
Trump's controversial decision also means that immigration policy will continue to be the focus for the next presidential election. Where it is worth remembering that Trump actually failed with the political struggle on the gränsmurens importance. It was Trumps main focus of the two big speeches at the mexican border during the winter, as well as in the president's annual speech to the nation, but despite this campaign have on public opinion, is not at all swung in his direction, on the contrary. Beyond his most loyal kärnväljare, there are few who share the view that this is a national emergency. 6 out of 10 americans still say gränsmuren not needed.
”this is going to be stopped by the judiciary,” said senator Bernie Sanders in a comment about Trump's decision.