What does a national emergency enable a president to do? NYU News asked Goitein to share her insight on the legality of Trump’s declaration, as well as the broader implications it may have for the country. She is also author of The New Era of Secret Law, a report that discusses ways in which government officials have amassed power over the years through non-democratic processes. The Senate is expected to vote on the resolution in March.Įlizabeth Goitein, co-director of the Liberty & National Security Program at NYU Law’s Brennan Center for Justice, has been following the situation closely, having spearheaded the creation of a database that outlines presidents’ powers and their uses during national emergencies. The declaration now faces a slew of legal challenges and is under scrutiny by congressmembers who recently approved a resolution to terminate the declaration in the House of Representatives.
That question is on the minds of many in the wake of President Donald Trump’s February 15 declaration of a national emergency in order to move forward with securing funds to construct a wall or barrier along the U.S.-Mexico border-an action he took after his administration failed to obtain its requested budget for the wall from Congress. What new executive powers emerge when an American president declares a national emergency?
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