The Truth Behind Trump's Emergency Declaration to Build the Wall: A Legal Analysis

With Trump's history and recent legal troubles, the question arises: in the event Trump declares a state of emergency to build a wall, would he need congressional approval? This article delves into the legal context, the role of Congress, and the practical implications.

Trump's Background and Legal Troubles

Donald Trump's presidency has been marked by several significant challenges. Twice, he lost the popular vote, and twice he was impeached for his actions. Notably, he was involved in a violent attack on the U.S. Capitol in an attempt to prevent a peaceful transfer of power based on the false claim that the election was stolen. Furthermore, Trump has been indicted for over 90 felony crimes, and it remains to be seen whether he will face significant jail time.

Lack of Congressional Authority

According to the U.S. Constitution, the responsibility of declaring a state of emergency falls to Congress. This means that even if Trump were to declare a state of emergency to build a wall, any such declaration would ultimately need to be ratified by Congress before funds could be released. As a result, any attempt by Trump to bypass this process through executive action would likely be met with legal challenges.

Trump's History of Demagoguery

Throughout his political career, Donald Trump has frequently used demagoguery to manipulate public opinion. His infamous declaration regarding Mexico paying for the wall is a classic example of this. In reality, Trump's push for the wall was more about political posturing than addressing any genuine national security concerns.

Current Congressional Dynamics

The new Congress, particularly in the absence of Biden's supporters, will likely pass any necessary legislation to fund the wall in a heartbeat. However, this assumes that Trump returns to the White House and is able to influence congressional decisions, which is highly unlikely given the above-mentioned legal and political obstacles.

Property Lines and Legal Authority

Notably, a president does have the authority to declare a state of emergency, which could provide legal justification for building a wall. However, it is worth noting that in the case of building a wall on personal property, such as Trump's Mar-a-Lago compound, the president might not need congressional approval. Instead, he would need to obtain the approval of the city's zoning agency. These legal actions would be subject to review and potential challenges in court, especially if the wall was deemed to be an overreach of executive authority.

Conclusion

Given Trump's past actions and legal challenges, it is highly improbable that he will be able to declare an emergency and build a wall without congressional approval. The complexities of U.S. law and the current political climate make this an unlikely scenario. Moreover, any attempt to do so would likely be met with both legal and political opposition.