ACLU -The ACLU will argue that President Trump’s use of emergency powers to evade Congressional funding restrictions is unprecedented and that 10 U.S.C. § 2808, the emergency power that Trump has invoked, cannot be used to build a border wall. Congress restricted the use of that power to military construction projects, like overseas military airfields in wartime, that “are necessary to support” the emergency use of armed forces.
“The Constitution assigns Congress the power of the purse, and no prior president has ever tried to use emergency powers to fund a chosen project — particularly a permanent, large-scale domestic project such as this — against congressional will. This is obviously improper,” added Dror Ladin, staff attorney with the ACLU’s National Security Project.
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