• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch

2

MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year

3

Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster

1

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch

2

MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year

3

Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster
Politics

What a National Emergency Might Do for Trump’s Border Wall

By
Justin Sink
Justin Sink
,
Christopher Flavelle
Christopher Flavelle
,
Ari Natter
Ari Natter
, and
Bloomberg
Bloomberg
Down Arrow Button Icon
By
Justin Sink
Justin Sink
,
Christopher Flavelle
Christopher Flavelle
,
Ari Natter
Ari Natter
, and
Bloomberg
Bloomberg
Down Arrow Button Icon
February 16, 2019, 2:00 PM ET
Add Fortune on Google for similar content.

A government shutdown that lasted 35 days did not get U.S. President Donald Trump the $5.7 billion he wants for a wall on the Mexico border. In the wake of a deal that re-opened the government temporarily, White House aides said that if Democrats wouldn’t support a wall Trump might bypass Congress entirely by declaring a national emergency. When congressional negotiators reached a compromise longer-term deal that also didn’t give him the wall money he wanted, Trump said that he would sign the bill but accompany it with an emergency declaration, which he did on Friday. It’s an idea that’s drawn opposition from some Republicans as well as Democrats.

1. What exactly is a national emergency?

It’s a declaration by the president that gives him special, temporary power to deal with a crisis. In the past, most such invocations have been related to foreign policy, like prosecuting a war or responding to a global trade threat. International concerns explain most of the 28 currently active national emergencies. On a few occasions, however, presidents have used emergency declarations to further their domestic policy goals.

2. How would an emergency declaration help Trump?

In theory, it would let him redirect federal money allocated for other purposes and use it to at least get construction started on the wall he wants to build on the border with Mexico. Under the law governing the Pentagon, for instance, if the president declares a national emergency, the defense secretary is allowed to redirect money from military construction funds for projects “necessary” to support the deployment of U.S. armed forces. Or the defense secretary could terminate or defer the construction of Army civil works projects and apply those funds to “authorized civil works, military construction, and civil defense projects that are essential to the national defense.” Another option that’s been discussed: shifting funds from a disaster-spending bill passed by Congress that includes $13.9 billion in not-yet-spent money.

3. Would that free up enough money to build the wall?

The president’s request for $5.7 billion in wall funding represents more than half of the $10.3 billion appropriated for military construction this year and would mean sidelining politically popular projects. That could particularly hit military families, with the government slated to spend $1.6 billion of that budget on family housing, $352 million for medical facilities, and $267 million on educational facilities.

4. Does this really qualify as an emergency?

There’s a case to be made that it’s entirely up to the president to decide whether it does or not. Emergencies have been declared during crises large (the Civil War, the Great Depression, the aftermath of the Sept. 11 terror attacks) and small (remember the 1970 postal strike?). In 1976, Congress adopted a law giving the president broad authority to declare a national emergency. But the law, passed as part of a sweeping set of legislation designed to restrain presidential powers after the Watergate scandal, also demands that the president invoke specific statutory authority for emergency actions.

5. Would an emergency declaration be challenged?

Count on it. Congressional Democrats have already said they would mount a court challenge to any use of emergency authority. The Congressional Research Service, in a Jan. 10 report, said invoking a national emergency for this purpose “would raise a variety of novel legal issues,” including whether Trump is addressing a problem that really “requires use of the armed forces” and whether the planned wall would really “support such use of the armed forces.” During the initial shutdown, Trump said both that he has “the absolute right to do it,” but acknowledged that the final decision would likely be up to the Supreme Court.

6. What’s happened in previous fights?

Courts have limited the president’s emergency powers before, including in a 1952 Supreme Court decision in which the high court said President Harry Truman could not use an emergency declaration to seize steel factories to ensure production during the Korean War. But since laws governing emergency authority have changed, some experts say it would be difficult to predict how the case would be viewed by the current Supreme Court, in which Republican-appointed justices hold the majority.

About the Authors
By Justin Sink
See full bioRight Arrow Button Icon
By Christopher Flavelle
See full bioRight Arrow Button Icon
By Ari Natter
See full bioRight Arrow Button Icon
By Bloomberg
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in

Trump’s 927-page disclosure is just a normal Tuesday for direct indexing and crypto wealth managers
InvestingDonald Trump
Trump’s 927-page disclosure is just a normal Tuesday for direct indexing and crypto wealth managers
By Catherina GioinoJuly 1, 2026
1 hour ago
US President Donald Trump sits in silence with his hands folded on top of each other.
CryptoDonald Trump
Inside Trump’s $1.4 billion crypto empire: Altcoins, Bitcoin—and a stake in Michael Saylor’s Strategy
By Camila Grigera NaónJuly 1, 2026
2 hours ago
The 6 Best Exercise Bikes of 2026: Fitness Expert Reviewed
HealthDietary Supplements
The 6 Best Exercise Bikes of 2026: Fitness Expert Reviewed
By Christina SnyderJuly 1, 2026
3 hours ago
Mark Zandi, Moody's chief economist.
EconomyU.S. economy
‘It’s fair to ask whether it was worth it’: The Iran war has cost Americans $1,000 per household—and that’s a conservative estimate, Mark Zandi says
By Tristan BoveJuly 1, 2026
5 hours ago
Melania Trump NFT earnings surge 28x in 2025 as first lady rakes in nearly $17 million in total earnings, filing shows
PoliticsDonald Trump
Melania Trump NFT earnings surge 28x in 2025 as first lady rakes in nearly $17 million in total earnings, filing shows
By Mia OsmonbekovJuly 1, 2026
6 hours ago
Donald Trump sits at his desk in the Oval Office, smiling and with his hands folded in front of him.
PoliticsDonald Trump
Trump got a $78K pension from the Screen Actors Guild in 2025 because he appeared in Home Alone 2 in 1992
By Sasha RogelbergJuly 1, 2026
7 hours ago

Most Popular

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch
Big Tech
As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch
By Marco Quiroz-GutierrezJuly 1, 2026
17 hours ago
MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
Success
MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
By Sydney LakeJune 25, 2026
7 days ago
Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster
Success
Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster
By Preston ForeJune 27, 2026
5 days ago
The Supreme Court's birthright citizenship ruling hands the U.S. economy a $7.7 trillion win
Newsletters
The Supreme Court's birthright citizenship ruling hands the U.S. economy a $7.7 trillion win
By Diane BradyJuly 1, 2026
15 hours ago
Elon Musk on MacKenzie Scott giving away $26 billion of her fortune: 'Sadly,' it makes the world a worse place
Success
Elon Musk on MacKenzie Scott giving away $26 billion of her fortune: 'Sadly,' it makes the world a worse place
By Sydney LakeJune 29, 2026
2 days ago
Current price of oil as of July 1, 2026
Personal Finance
Current price of oil as of July 1, 2026
By Joseph HostetlerJuly 1, 2026
11 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.