Professor Ilya Somin on President’s Emergency Declaration for Wall Money

Ilya Somin, Professor of Law, March 14

For one, he said, it’s uncertain if the statutes Trump cited in his emergency declaration actually allow him to spend money on wall construction., March 14

Section 2808 applies to reallocation of military funds only “in the case of a national emergency where it’s necessary to use the armed forces.”, Feb. 26

“If an injunction is issued it would at least constrain a lot of his efforts to build the wall.”, Feb. 21

“In this case, even if the courts find his stated motivation is true they can still declare the action unconstitutional.”, Feb. 19

“Poorly drafted laws give the president a wide range of easily abused emergency powers”, Feb. 19

Listen to Professor Ilya Somin on Radio 3 to talk about Trump’s national emergency, Feb. 18

Some legal specialists warned that an emergency declaration sets a bad precedent for future presidents.

“If Trump can get away with declaring a national emergency and then spending money on this construction project which is only vaguely related to national security, why wouldn’t future presidents do the same thing?”, Feb. 18

“Article I of the Constitution mandates that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” Only Congress has the power to make such laws. This vital rule ensures no one person can seize control of the nation’s public funds.”, Feb. 18

Somin has emphasized that section 2808 only concerns emergencies “that requires use of the armed forces,” and that building a wall does not, in his opinion, meet that requirement., Feb. 18

Somin has emphasized that section 2808 only concerns emergencies “that requires use of the armed forces,” and that building a wall does not, in his opinion, meet that requirement.

Professor Michael I. Krauss on the Legality of Declaring an Emergency at the Border

Michael I. Krauss, Professor of Law

President Trump declared a national emergency Friday to authorize the construction of a permanent barrier over parts of the land border with Mexico. I believe this is within the president’s powers. Why? Legal analysis only follows. (I will not address the question of whether this is sensible policy to manage the border and immigration.), Feb. 12

Professor Eugene Kontorovich on Asset Forfeiture to Fund Border Wall

Eugene Kontorovich, Professor of Law

By declaring a national emergency Friday to build new sections of border wall, President Donald Trump hopes to unlock billions of dollars from a range of sources under the control of the executive branch. One major money pot he plans to rely on: proceeds from the controversial practice of civil asset forfeiture.

“Certainly while it is in place the assets can and should be used productively”, Feb. 18

Professor Steven J. Eagle named as the recipient of the 2019 Brigham-Kanner Property Rights Prize

Steven J. Eagle, Professor of Law

“[Eagle] has devoted much of his life and his prodigious energy toward analyzing the constitutional nuances embedded in real estate law,” Berger said. “His deeply thought out analyses provide major contributions to the body of law examining and explaining the Fifth Amendment’s final (and almost forgotten) clause. His recognition with the Brigham-Kanner Prize is well deserved.”, Feb. 12