On February 15, 2019, the President of the United States, Donald Trump, unleashed a watershed moment in American politics by declaring a National Emergency Concerning the Southern Border of the United States. With a mission to safeguard the country from an influx of drugs and criminals, President Donald Trump utilized this formidable executive power to initiate the construction of a border wall along the US-Mexico Border.
The declaration of national emergency allowed the President to circumvent opposition in Congress (Parliament in the United States). This maneuver opened the avenue for President Trump to redirect billions of dollars in federal funds toward the building of the proposed border wall.
Emergency Powers in the United States
The constitution of the United States doesn’t explicitly contain terms like ’emergency’ or any related terminology. However, the National Emergencies Act of 1976 has bestowed upon the President special emergency powers.
Under the provisions of the National Emergencies Act, the President has the authority to declare a national emergency while giving a specific reason behind such an action. A national emergency is typically declared during a crisis or a situation that poses imminent threats to the nation and requires immediate redressal. The Act refrains from providing a concrete definition of ’emergency’. It hands over the discretion to the President to declare an emergency situation as per his or her judgement.
The Act mandates the President to publicly inform the Congress about the national emergency and submit reports every six months recounting the progress. The law further requires the president to renew the emergency declaration each year through a notification to the Congress.
Previous Cases of Emergency Declaration
Since the inception of the National Emergency Act in 1976, as of February 2019, a total of 59 national emergencies have been declared. Currently, the United States is witnessing a state of 31 continuing national emergencies.
Historically, many US presidents have resorted to declaring national emergencies during their tenure. President Barack Obama declared a national emergency in 2009 amidst the swine flu outbreak. This enabled hospitals and local governments to establish facilities to deal with the virus. Similarly, in response to the 9/11 terrorist attacks, President George W. Bush declared a national emergency, which resulted in the suspension of certain parts of the law, including those limiting the size of the military.
