Trump Cannot Build His Wall By Declaring a "State of Emergency."

https://www.dailykos.com/stories/2019/1/6/1824039/-Trump-Cannot-Build-His-Wall-By-Declaring-a-State-of-Emergency?detail=emaildkre

In the latest manifestation of head banging against wall temper tantrums, Trump has shutdown the government over wall funding and threatened to go one unconstitutional and impeachable step further. Trump is threatening to declare a “state of emergency” and build his wall under that authority. Having promised the American people that Mexico would pay for the wall Trump is now threatening to declare a “state of emergency” to compel the American taxpayer to pay for the wall.

Article I, Section 9 of the Constitution is clear on this.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.
Statutory law combines to impose penalties for the kind of misappropriation of funds suggested by the President.

The Misappropriation Act States:

(a) Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law. 31 USC 1301
The so-called Anti-Deficiency Act provides:

(1) An officer or employee of the United States Government or of the District of Columbia government may not —

(A) make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation 31 USC 1341
Finally, the law provides for a two year prison sentence for violating the Anti-Deficiency Act:

An officer or employee of the United States Government or of the District of Columbia government knowingly and willfully violating section 1341(a) or 1342 of this title shall be fined not more than $5,000, imprisoned for not more than 2 years, or both. 31 USC 1350
As for a mythical and completely fabricated “state of emergency” authorizing this unconstitutional and illegal circumvention of Congress, the relevant case would be Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952). President Truman issued an Executive Order seizing the steel industry to avoid a potential steel strike that he believed would cripple the war effort. Yes, he had a stronger case, we were actually at war in Korea.


The article includes the finding of the Supreme Court when Truman tried to take over the steel mills as a "State of Emergency". He lost, even though we were at war with Korea at the time.