Guno צְבִי
We fight, We win, Am Yisrael Chai
Rubes rubes rubes, foiled again
Even mitch cannot say its legal
Trump can declare a national emergency, and the government can take land for the border wall. But Trump can't do both.
University of Texas property law professor Christopher Johns can see into the future. His final exam for last year's eminent domain and property law class included the following question:
President Trump has decided to build the Wall, but Congress refuses to fund or consent to his project. Frustrated, Trump decides to go it alone, and acquire land for the wall anyway. Can he do it?
The correct answer? No, the President cannot unilaterally take land without Congressional authorization.
eminent domain power rests in the legislative branch. That means the President needs congressional authorization to take land. By going around Congress and declaring a national emergency, Trump just ensured that congressional authorization isn't coming any time soon. In doing so, he may have created a massive barrier -- so to speak -- to his ability to construct the wall. He needs land for the wall, and if he's not allowed to take the land, he's stuck.
https://www.cnn.com/2019/03/04/opinions/trump-national-emergency-eminent-domain-panfil/index.html
Even mitch cannot say its legal
Trump can declare a national emergency, and the government can take land for the border wall. But Trump can't do both.
University of Texas property law professor Christopher Johns can see into the future. His final exam for last year's eminent domain and property law class included the following question:
President Trump has decided to build the Wall, but Congress refuses to fund or consent to his project. Frustrated, Trump decides to go it alone, and acquire land for the wall anyway. Can he do it?
The correct answer? No, the President cannot unilaterally take land without Congressional authorization.
eminent domain power rests in the legislative branch. That means the President needs congressional authorization to take land. By going around Congress and declaring a national emergency, Trump just ensured that congressional authorization isn't coming any time soon. In doing so, he may have created a massive barrier -- so to speak -- to his ability to construct the wall. He needs land for the wall, and if he's not allowed to take the land, he's stuck.
https://www.cnn.com/2019/03/04/opinions/trump-national-emergency-eminent-domain-panfil/index.html
