National Emergency

1. What powers does the National Emergencies Act of 1976 give POTUS ?

• It lets presidents issue an emergency declaration but under certain constraints, such as only using powers that Congress has codified by law and the President has to say which powers he uses.

2. What congressional power in the constitution is Trump trying to get around by declaring this?

• Power of the purse

3. How would Congress pass a joint resolution disputing the emergency?

• Both houses of Congress would need to approve the resolution by a majority

4. What action can the president take in response to the joint resolution?

• He can veto it (which could be overridden by a 2/3 vote in both houses)

5. Why would landowners potentially sue the president to stop the wall?

• The people in the area where the land is supposed to be built would potentially sue the president because their land could be seized in eminent domain and they want to keep their land.

6. What happened to the eminent domain lawsuits filed against President Bush?

• 60 to 70 of the 334 lawsuits against him are still pending.

7. Why would the ACLU sue the president to stop the wall?

• They say that it is an illegal declaration of a national emergency and it is an unconstitutional power grab that hurts communities.

8. How could states serve as a check on presidential power?

• States could be a check because they can sue the president, especially because their funds could be affected.