BY RUDRA CHAUDHURI
After declaring a national emergency on Feb. 15, U.S. President Donald Trump said: “I didn’t need to do this, but I’d rather do it much faster.” He was referring to the speed with which he could now initiate special powers to access the funds needed to build a wall on the U.S.-Mexico border. Clearly, expediency shaped the president’s decision—and will shape the legal challenges to it, too.
Despite Trump’s self-serving reasons for declaring a national emergency, such executive actions are hardly unusual in the United States. Since 1976, when the National Emergencies Act was passed, this legal instrument has been used on numerous occasions to block properties owned by those contributing to conflicts in Libya and Somalia, support the nonproliferation of weapons of mass destruction, prevent financial deals between U.S. entities and Iran, and take action when democracy was deemed to be undermined in Belarus and the Democratic Republic of the Congo. The main difference, of course, between the past and the present is the brazenness with which Trump has circumvented congressional authority on just about every legislative turn since he came into office in 2016.