Five Facts: National Emergency Declarations
President Trump’s controversial declaration of a national emergency is intended to unlock billions of dollars to build a wall along the United States’ and Mexico’s shared border. It was announced after Congress passed a bipartisan spending bill which did not allocate enough money for this security measure. According to news reports, this declaration — if it withstands court and political challenges — allows President Trump to access funding that includes $3.6 billion allocated for military construction projects, $2.5 billion for counter-narcotics programs, and $600 million from a Treasury Department asset forfeiture fund. Combined with the more than $1.3 billion authorized by Congress, roughly $8 billion can be spent on this border wall.
Here are five facts on previous emergency declarations and how they have impacted history:
1. In 1976, Congress passed the National Emergencies Act, which gives the president the authority to expand his or her executive power by declaring a national emergency. This act, signed into law by President Gerald Ford, was originally intended to allow the president to respond quickly in the event of a crisis. According to the Washington Post, the act does not explicitly definewhat constitutes an emergency and allows a president to declare one at his or her discretion. Once the emergency is declared, the president must issuea written and signed declaration that defines the emergency and highlights how he or she plans to use these emergency powers.
2. Since the National Emergencies Act was passed in 1976, presidents have declared a national emergency 58 separate times. Of these 58 declarations, 31 are still active. National emergencies have been declared for situations as varied as responding to the Iranian Hostage Crisis, the September 11th terrorist attacks, and Chinese cyber-attacks. Many of these declarations still remain in effect because the president chooses to renew the declaration; the alternative is letting it lapse. On average, national emergency declarations last roughly 13 years.
3. According to Bloomberg, most past emergency declarations have been related to foreign policy crises. The publication reports that international issues are the reason behind 28 of the 31 currently active national emergencies. However, there have been instances where national emergencies have been declared to help the nation’s domestic challenges, including the2009 H1N1 pandemic.
4. President Trump’s declaration of a national emergency to construct a wall along the U.S.’ southern border is being met with legal action. Activists and lawmakers are extremely likely to challenge this declaration. Rep. Alexandria Ocasio-Cortez (D-NY) and Rep. Joaquin Castro (D-TX) have already announced a plan to introduce a bill to stop this from proceeding. And prominent organizations including the American Civil Liberties Union (ACLU) and Protect Democracy have signaled they plan to challenge the president’s declaration in court. Additionally, 16 states have already filed lawsuits against it.
5. To date, President Trump has already declared three national emergencies. The first, issued in December 2017, was a list of people “involved in serious human rights abuse or corruption. The second, issued in September 2018, was designed to prevent meddling in U.S. elections. And the third, issued in November 2018, looked to block property of people contributing to the situation in Nicaragua.
No Labels is an organization of Democrats, Republicans, and independents working to bring American leaders together to solve problems.
