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Why is Trump without the Need of a state of emergency trying to explain to

US President Donald Trump wants to pull the number now, so really. Because of the recent compromise between Democrats and Republicans is not providing money for his pet project, a border wall to Mexico, he is now voicing a national state of emergency on the southern border. To be able to make money from the military budget for the construction repurpose.

to generate Some US media, according to Trump's plans by declaring a state of emergency has been declared, even more than eight billion US dollars. So far, Trump the Democrats had called for 5.7 billion to a little over 300 kilometers of the wall build.

About the dispute, Trump has been sent to the country shortly before Christmas in the longest government standstill of the US history. 35 days, large parts of the government have stopped working apparatus. 800'000 government workers have received no money.

The Shutdown ended at the end of January. After that, Democrats and Republicans in Congress had three weeks to find a compromise. The Ultimatum expires on Friday. Last Monday, they have finally found a solution. Instead of 300 kilometers of wall, only about 90 kilometres of new fencing to secure the border. And instead of 5,7, or even eight billion dollars, the package just under 1.4 billion euros for border security.

Trump is the letter of the law, in order to avoid a new Shutdown. The money for the wall he wants to obtain, however, through the Instrument of the national state of emergency, said his spokeswoman Sarah Huckabee Sanders. Here are the main questions and answers:

What is a national emergency?
According to the Definition this is a condition in which certain, unpredictable events that threaten the lives or well-being of Americans, which call for immediate Action. Classically, this can attack to a natural disaster, a war or a terrorist, but also an economic emergency, such as galloping Inflation or a stock market crash.

What are the fixtures and officials: The border between the United States and Mexico are stationed. (Map: dca, source: New York Times)

the situation Falls on the border with Mexico under this Definition?
not Really, the number of illegal border crossings goes back for years. The Situation has not worsened so suddenly, in a dramatic way, so that the lives of Americans or their well-being on the game. Unexpectedly, the situation is not exactly. The Trump does not prevent but, apparently, a state of emergency is not to declare that there is none.

May declare the US President single-handedly a national emergency?
Yes, he is allowed to. Even if the American Constitution this right is not explicitly describes. The legal presumption is that the President is always trying to want the Best for his country. And he can reach in an emergency this goal without legal restrictions better. That a President could not give, the might want to the Best for his country, but only for themselves, the country is not prepared.

Until 1976, have resorted to some of the President without a statutory provision to the Instrument: in order to be about the banking crisis of 1933, as amended, Lord, to get the Inflation of 1971 in the handle or to be able to 1950 during the Korean war, U.S. steel mills nationalize.

Since 1976, the National emergency law, the Power of the President to be a little restricting. He must identify the specific reason for the emergency, and must only actions derived, in connection with this reason.

Currently, 31 national emergencies, are still in force. How the?
There are usually restrictions against other countries with which the United States are in conflict. For example, with Iran. As long as the conflicts are not solved, continue the national state of emergency at the site. However, once called a state of emergency must be renewed after one year by the President. Otherwise, he runs automatically.

Video: O'rourke against Trump The democratic hopefuls Beto O'rourke has quite different views to the border wall as a U.S. President Trump. Video: Reuters, Storyful

the Congress Can stop Trump?
Not really, but he can build up political pressure. The now of Democrats dominerte the house of representatives would have to adopt in a first step, a Resolution that calls for the lifting of the emergency. This Resolution should be brought to the Senate for a vote. She also gets a majority, the President should, however, with his signature. This will not do, Trump.

Republicans have the majority in the Senate. Why should the support of such a Resolution?
There are a number of Republicans think it is wrong, if the President declares a national emergency, just because he gets for a specific project in a democratic way, no money from Congress. This reminds too strongly of authoritarian systems, in which the President does whatever he wants, no matter what is decided by the Parliament. The Republican majority leader in the Senate, Mitch McConnell should have warned Trump to urge that a Resolution in the Senate may well get a majority. That would be a strong political Signal against Trump.

What is the President during a national emergency?
is written Exactly nowhere. The Brennan Center for Justice has identified 136 rights approves of the Congress to the President in the event of an emergency. These are pretty far-reaching. He may about applying existing laws, with whom he would tie up large parts of the electronic communication in the country. Or he could use the accounts of Americans freezing. He can make a lot of decisions, for otherwise the consent of Congress would be necessary.

And how Trump is now coming to the money for his wall?
Two legal provisions could help Trump. For one, he can remove money from a certain Item in the defense budget. On the other hand he can be the army to instruct, investments in civilian aid to stop projects, and the money for its emergency purpose – the construction of a Wall.

The Democrats are threatening with legal steps. How can the appearance?
they hope that the house of representatives complains, with its democratic majority, against the President. It is disputed whether the House is entitled to do so. Some of the Democrats are based on a similar case from the year 2015. At the time, was given the Republican-dominated House that the Obama Administration is allowed to put any money on the Congress over the financing of health care. The government is allowed to spend no public money without the consent of the Congress, has chosen the former Federal judge Rosemary Collyer. This could be the lever the Democrats Trumps intention of legally could reciprocate.

A state of emergency Declaration as such may not challenge the Congress in court. Claim entitled to could possibly be those people directly affected by the impact of the emergency Declaration. So, for instance land owners, on whose reason Trump his wall wants to build. The chances that the Supreme Court, the Supreme court of the United States, in the last instance the right, are low. In General, the Supreme Court of a state of emergency declarations declared lawful, or it is avoided to speak.

Democrats hope that it could be otherwise. "Not everything the President declared the emergency, is an emergency," says the Professor of law and democratic members of Congress, Jamie Raskin of Maryland. He sits in the judiciary Committee of the house of representatives. "If the Congress Trump shows a red light," says Raskin, "then he is not allowed to do so, as it would be somewhere in the administrative machinery of the government a green light." But that was at the end of a legal question. He would appreciate it if you would be answered by the courts. (Editorial Tamedia)

Created: 15.02.2019, 07:03 PM

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