- Nov 14, 2005
As an FYI, here's an opening primer of the law and the issues that will likely arise if he tries that avenue:I understood, that if President Trump used a State of emergency (SOE) to build the wall, it could set a precedent so that the Dems on a future date could use a SOE to try to change the climate. I don't think this is the case. It seems he has the power to do it.
I can tell you for sure that in Ireland's planning system, an SEA, Environmental Impact Statement and a habitats assessment for big projects is required. The requirement is especially more strict for transboundary projects which the wall would be.
The requirement does not apply to national defense projects. So Ireland can build something for defense with ordinary simple planning permission and no EU assessments at all.
I presume these same laws apply on principle in the US, so he has the option. It is unlikely the Dems would get away with calling climate a national defense issue. Check this out.
Politico: Path Clears for Trump Declaring National Emergency
Could Donald Trump declare a national emergency for a border wall? Here's what we know - Politifact
Legal obstacles await if Trump declares emergency for wall - The Hill
EXPLAINER-Trump risks legal fight with emergency threat on wall - CNBC
Obviously one of the many issues that will arise is where the line gets crossed from use to misuse of the applicable law, e.g., if he can do this for that, could a left winger POTUS use the same tactic for health care, gun control and climate change agendas, etc.