Emergency Powers Assignment

.tex wasn't necessary. All he really wanted was a txt/rtf with some
basic citations out of format, so I really should have switched over to
a simpler method. I am leaving this collected data here for uh...
posterity.

3 files changed, 177 insertions, 0 deletions

diff --git a/rich/Makefile b/rich/Makefile
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+.POSIX:
+
+emergency_powers.pdf: emergency_powers.tex emergency_powers.bib
+	pdflatex emergency_powers.tex
+	bibtex8 emergency_powers
+	pdflatex emergency_powers.tex
+	pdflatex emergency_powers.tex
+
+clean:
+	rm -f emergency_powers{-blx.bib,.{aux,bbl,bcf,blg,log,out,pdf,run.xml}}
diff --git a/rich/emergency_powers.bib b/rich/emergency_powers.bib
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+
+@video{MSNBC,
+	title = {What Actually Constitutes A National Emergency? {\textbar} Velshi \& Ruhle {\textbar} {MSNBC}},
+	url = {https://www.youtube.com/watch?v=xx7bdpG6_gs},
+	publisher = {{MSNBC}}
+}
+
+@article{NYTimes,
+	title = {Trump Issues First Veto After Congress Rejects Border Emergency},
+	url = {https://www.nytimes.com/2019/03/15/us/politics/trump-veto-national-emergency.html},
+	publisher = {New York Times},
+	author = {Tackett, Michael}
+}
+
+@misc{FAS,
+	title = {https://fas.org/sgp/crs/natsec/R42659.pdf},
+	url = {https://fas.org/sgp/crs/natsec/R42659.pdf},
+	publisher = {Congressional Research Service},
+	date = {2018-11-06}
+}
+
+@article{ABC,
+	title = {Here's a list of the 31 national emergencies that have been in effect for years},
+	url = {https://abcnews.go.com/Politics/list-31-national-emergencies-effect-years/story?id=60294693},
+	publisher = {{ABC} News},
+	author = {Heath, Kendall}
+}
+
+@article{WashingtonPost,
+	title = {The Senate voted to block Trump’s national emergency declaration. Now what?},
+	url = {https://www.washingtonpost.com/politics/2019/03/15/senate-voted-block-trumps-national-emergency-declaration-now-what/},
+	publisher = {Washington Post},
+	author = {Binder, Sarah},
+	date = {2019-03-15}
+}
diff --git a/rich/emergency_powers.tex b/rich/emergency_powers.tex
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+\documentclass[12pt]{article}
+\usepackage[letterpaper,headheight=15pt]{geometry}
+\geometry{top=1.0in, bottom=1.0in, left=1.0in, right=1.0in}
+\usepackage{setspace}
+\doublespacing
+\usepackage{times}
+\usepackage{fancyhdr}
+\pagestyle{fancy}
+\lhead{}
+\chead{}
+\rhead{Rohrer \thepage}
+\lfoot{}
+\cfoot{}
+\rfoot{}
+\renewcommand{\headrulewidth}{0pt}
+\renewcommand{\footrulewidth}{0pt}
+\setlength{\headsep}{0.5in}%top of page to bottom of header
+\addtolength{\headsep}{-12pt}%max height of header
+\usepackage{xcolor}
+\usepackage{hyperref}
+\usepackage[style=mla,backend=bibtex]{biblatex}
+\defbibheading{bibliography}[\bibname]{\newpage\centerline{Works Cited}}
+\hypersetup{
+    colorlinks,
+    linkcolor={red!50!black},
+    citecolor={blue!50!black},
+    urlcolor={blue!80!black}
+}
+\addbibresource{emergency_powers.bib}
+\begin{document}
+{\parindent0pt\obeylines
+Holden Rohrer
+Markley
+INTA 1200
+30 Sep 2020
+}
+\centerline{\large\bfseries Emergency Powers Assignment}
+% The question
+\iffalse
+Congratulations! You are now an advisor to the President.  Your first
+job is a difficult one, as you must provide advice to the President on
+whether he should use his national emergency powers for the building of
+a border wall to deal with immigration.  President Trump is likely to
+use Title 10 of US Code, Section 2808 which states the following:
+
+"(a) In the event of a declaration of war or the declaration by the
+President of a national emergency in accordance with the National
+Emergencies Act (50 U.S.C. 1601 et seq.) that requires use of the armed
+forces, the Secretary of Defense, without regard to any other provision
+of law, may undertake military construction projects, and may authorize
+the Secretaries of the military departments to undertake military
+construction projects, not otherwise authorized by law that are
+necessary to support such use of the armed forces. Such projects may be
+undertaken only within the total amount of funds that have been
+appropriated for military construction, including funds appropriated for
+family housing, that have not been obligated.
+
+(b) When a decision is made to undertake military construction projects
+authorized by this section, the Secretary of Defense shall notify, in an
+electronic medium pursuant to section 480 of this title, the appropriate
+committees of Congress of the decision and of the estimated cost of the
+construction projects, including the cost of any real estate action
+pertaining to those construction projects.
+
+
+(c) The authority described in subsection (a) shall terminate with
+respect to any war or national emergency at the end of the war or
+national emergency."
+
+Your job is to provide him with the guidance on the following three
+questions/issues:
+
+1) Does a national emergency exist? (Make sure to provide justification
+for your answer)
+
+2) What are the potential negatives from declaring a national emergency?
+
+3) Provide a final recommendation.
+
+You may use outside sources in the construction of this answer, however,
+must properly cite your sources and materials. When citing please use
+parenthetical citations and a work cited. Each answer to each numbered
+question should have no more than 150 words.
+\fi
+
+President Trump likely does have the power to declare a national
+emergency, because there is precedent treating prevention of ongoing
+non-military criminal activity as a national emergency. Clinton, in
+1995, declared a national emergency on a similar basis: ``The National
+Emergency\dots was declared after increased reports of drug cartels
+laundering money through American companies'' \autocite{ABC}. The
+exceptional pieces of his national emergency deal more with its
+implementation and domestic effects. One of the possible challenges is
+on the basis of Posse Comitatus, \autocite[6:55]{MSNBC} which ``outlaws
+the willful use of any part of the Army or Air Force to execute the law
+unless expressly authorized by the Constitution or an act of Congress''
+\autocite[2]{FAS}. Based on attempts to integrate this funding into the
+budget and now redirecting money from other programs, this appears to be
+an attempt to circumvent the legislative process rather than address an
+immediate emergency, which reduces the legitimacy of this move.
+
+Declaring this specific national emergency will create a precedent in
+one direction or another: if it goes unchallenged in the courts, this
+would mean that the executive has barely checked power---only against a
+two-thirds majority in both houses \autocite{NYTimes}---to reallocate
+budgets on a unilateral basis. This will either create a dangerous
+position for Republicans when a Democratic president goes into office
+with the power to circumvent Congressional budget decisions. If the
+court rules against the constitutionality of this decision, then the
+power of the executive through the National Emergency Act will be
+reduced. There is, however, a third possibility, Congressional action.
+There is already majority bipartisan opposition in both chambers, but
+there isn't a supermajority. Members of Congress attack the legitimacy
+of this order, saying ``The House and Senate resoundingly rejected the
+president’s lawless power grab,'' \autocite{NYTimes} and if their
+opposition does succeed in rejecting this national emergency, future
+presidents will also likely have less National Emergency power because
+Congress would be comfortable with blocking it.
+
+I don't believe this Proclamation will have much legitimate effect
+because 20 states' litigation against this order diverting
+state-destined funds \autocite{NYTimes} along with Congress using the
+Budget to discontinue this allocation of funds
+\autocite{WashingtonPost}. This is a good electoral move for Trump, so
+viewed as a declaration of support for this policy in an attention-%
+grabbing move to mobilize his base, it will probably pan out, even if it
+is ultimately declared illegitimate or unconstitutional.
+
+
+
+\printbibliography
+\end{document}