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diff --git a/rich/emergency_powers.tex b/rich/emergency_powers.tex new file mode 100644 index 0000000..ba515e8 --- /dev/null +++ b/rich/emergency_powers.tex @@ -0,0 +1,132 @@ +\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} |