Explained: The National Emergency

Getty Images: Mario Tama

What Happened

• On February 15, President Trump declared a national emergency, giving him access to previously restricted funds to build a wall at the Southern border. This came after the longest government shutdown in history fueled by his demands for border wall funding.
• While the Constitution reserves the power of allocating funds to Congress, The National Emergencies Act of 1976 allows the president to redirect funds in the event of a national emergency. The law does not define what constitutes an emergency. It also empowers Congress with the power to override the declaration of an emergency if both chambers agree.
• The declaration has already been met with legal challenges. Over 16 states filed a lawsuit alleging its unconstitutionality, especially as the president could be pulling funding from money previously allocated to the states. Additionally, groups like the ACLU have filed separate lawsuits to stop the emergency.
• Democrats have introduced a resolution in the House that would end the national emergency. In order for it to succeed, it must also gain approval in the Senate.
• Check out a list of previous national emergencies. Presidents have declared national emergencies in the past to wars, 9/11, and more.

How Are People Reacting

As The Hill reports, “just over six in ten Americans said they disapproved of the president's declaration of a national emergency, a figure that included clear majorities among both Democrats and independents.” Many young activists have taken to Twitter to express their frustration at the president’s focus on what he thinks is a “crisis” at the border, when the issues of gun violence and climate change necessitate immediate action from government.

What’s Next

While we wait to see what the courts say about President Trump’s declaration, border wall construction is already underway. Sign up for Grab the Mic and we’ll keep you up-to-date on the situation and how you can take action to advocate for what you want our government to be focusing on.