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President Trump is wrong, both legally and politically, to divert $ 3.6 billion from previously approved military construction projects to build his much-touted "wall" on the Mexican border.
Someone with legal status should bring a lawsuit to stop him.
It's not that the wall is a bad idea. It is that Trump exceeds his appropriate powers by financing it without appropriation of the Congress. It is also true that the projects he draws from are important for national security and military personnel.
On the legal side, David French of National Review Online had the best explanation in January, which readers should study in their entirety. The abridged version is that even the National Emergencies Act, cited by Trump as his authority, limits these embezzlements, so they can only be used for army-related functions (which the wall is not) and that if the money (in this case the wall) has already been "authorized".
This last word has a specific meaning. This means that, legally, the Congress and the President must have enacted a law that formally approves the project in question (whether funds have been provided or not, which is a separate step in the process).
The widened border wall has not been authorized. Therefore, the national emergency law should not apply. Trump claims a power that does not belong to him rightly.
Misappropriation of funds is not only illegal but also reckless. These funds had already been allocated, under a duly passed law, to military construction projects deemed necessary by the Congress and the President. Trump funds or reschedules projects in nearly half of the 50 US states, three US territories and 19 US facilities abroad. That's all for Trump's promise to focus on the needs of the military and its people and their needs.
As summarized by Vox, these projects include "a National Guard readiness center in Puerto Rico. Storage of hazardous materials on a US military base in Germany. A training center for special operations forces to deter Russia in Europe. Improvements to the US Military Academy at West Point, New York. "
Puerto Rico, still in shock from Hurricane Maria in 2017, will lose a total of $ 400 million worth of projects, many of which are designed to help recovery and meet long-term military needs.
In all, Trump hampers 127 separate projects (listed here). They include weapons maintenance workshops, a military base fire station, weapons ranges, a ship maintenance facility and a flight simulator. Each of these had been carefully examined, generally requested by the Pentagon. They are necessary for the training, health and well-being of American military personnel.
Congress members of both parties rightly oppose Trump's decisions. Utah Republicans Mike Lee and Mitt Romney issued a statement outlining embezzlement for two key projects in their state. Likewise Democrat Mark Warner in Virginia.
The two Utah Senators have now introduced "The Article One Act," which would "automatically terminate all future declarations of urgency made under the NEA after 30 days, unless Congress votes by the vote". Affirmative to prolong the urgency. It's a great idea. It is dangerous to allow "emergency" powers, available for the purpose of presidential abuse, long after the end of the emergency. Too much concentration of power within the executive can lead to tyranny.
Maintaining the appropriate constitutional separation of powers is much more important for long-term national survival than building more kilometers of border fencing. Until the wall is funded by constitutional means, Trump must be prevented from stopping the barriers that are supposed to prevent abuses committed by the rulers.
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