Trump may be in violation of the NEA by signing contracts to build a wall. Presidential spending is not what this is about. This is about providing authority to AGENCIES of the federal government to act in an emergency. There is no additional infrastructure provided by the NEA. The NEA acts with current federal government infrastructure.
The NEA does not provide any specific emergency authority on its own, but relies on emergency authorities provided in other statutes. A national emergency declaration allows for the activation of these other statutory authorities. Emergency statutory provisions are not activated automatically, however; they must be specifically identified in the president’s declaration before these authorities may be given effect.
The NEA does not provide any specific emergency authority on its own, but relies on emergency authorities provided in other statutes. A national emergency declaration allows for the activation of these other statutory authorities. Emergency statutory provisions are not activated automatically, however; they must be specifically identified in the president’s declaration before these authorities may be given effect.
Declaration
NEA Section 201 authorizes the president to declare a national emergency. The proclamation of a national emergency must be immediately transmitted to Congress and published in the Federal Register. (click here) Under NEA Section 301, statutory emergency authorities enabled by the national emergency declaration cannot be exercised until the president specifies the provisions of law under which the president or other officials will act. Such specification may be made either in the declaration or in subsequent Executive Orders published in theFederal Register and transmitted to Congress.
I don't see anything published in the Federal Register. He has been writing all sorts of national emergency declarations about Venezuela, but, nothing about the southern border.
How many Executive Orders has Trump written?
I don't see anything published in the Federal Register. He has been writing all sorts of national emergency declarations about Venezuela, but, nothing about the southern border.
How many Executive Orders has Trump written?
Termination
A national emergency can be terminated if the president issues a proclamation or if Congress enacts a joint resolution terminating the emergency. A national emergency will terminate automatically upon the anniversary of the proclamation unless the president renews the proclamation by transmitting notice to Congress within a 90-day period prior to the anniversary date and publishing it in the Federal Register.
Immunity and Liability Issues
The national emergency provisions of the NEA do not address liability issues or provide any immunity. The act could be used to activate emergency authorities in other federal statutes that provide immunity during emergency events.
