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National Emergency

National Emergencies: Constitutional And Statutory Restrictions On Presidential Powers

February 17, 2019 Cindy Cohn and Shahid Buttar, Electronic Frontier Foundation. , , ,
When a president threatens to exercise the power to declare a national emergency, our system of checks and balances faces a crucial test. With President Trump threatening such a declaration in order to build his proposed physical border wall, that test could be an important one that could quickly implicate your right to privacy and a transparent government. Like the Constitution, statutory powers do not justify a presidential declaration of emergency powers to build a proposed border wall. EFF has long tangled with governmental actions rooted in presidential power.

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