President Donald Trump on Friday will use his executive authorities to access more than $6.6 billion in Pentagon and Treasury Department funds for his border wall after he signs a bill that will bring the total to $8 billion, according to a source with knowledge of his plans.A declaration of national emergency authorizes the President, “without regard to any other provision of law,” to tap into funds already appropriated for military construction and the U.S. Army Corps of Engineers’ civil works program.
So to be perfectly clear here folks, while the power of the purse resides in the legislative branch, the powers of exactly how to spend those appropriated funds can (and usually does) fall on the shoulders of the various agencies and entities who uses those funds to keep themselves afloat.
While they must to go Congress for a yearly budget, they do not have to go back to Congress if they decide to use some of their funds on replacing broken equipment, or deciding to hire in one department rather than the department that they originally believed might need the help.
The idea that someone can go to court and declare that every decision being made about spending must go through Congressional approval is idiotic. Of course, that won't prevent Pelosi and the rest of the Democrats from making the argument that Congress not only controls funding, but also has constitutional authority to micromanage the specifics of now those budgetary funds are spent.
So is the President "misusing" the laws that provide the authority to declare a national emergency? Well, that is ultimately a question that is designed to be determined by members of Congress. The law provides members of Congress the ability to override the President's order if they can muster up a two thirds majority (similar to overriding a Presidential veto)*.
(commenting available on previous thread)
