Isabella Carter
On April 2, 2025, former US President Donald Trump declared a national emergency to increase the country's competitive edge, protect its sovereignty, and strengthen its national and economic security. Trump cited foreign trade and economic practices as the reason for the emergency, stating that they had led to a large and persistent trade deficit. He invoked his authority under the International Emergency Economic Powers Act of 1977 (IEEPA) to address the national emergency and imposed responsive tariffs. This declaration has sparked debates about the constitutionality of Trump's actions. Some critics argue that he is overstepping his authority and undermining the constitutional system by bypassing Congress's stated opposition to funding his proposed border wall. Legal experts and Democratic congressional leaders have challenged Trump's declaration, threatening to take the matter to court.
| Characteristics | Values |
|---|---|
| Date of declaration | February 15 |
| Reason | To secure funding for the construction of a wall along the US/Mexico border |
| Funding amount | $5.7 billion |
| Wall length | 234 miles |
| Opposition | Bipartisan majority of the House and Senate |
| Legal challenge | ACLU, state of California, and Democratic congressional leaders |
| Legal basis | National Emergencies Act of 1976 |
| Number of statutory powers invoked | 137 |
| Statutory powers invoked | Power to reroute military construction money |
| Outcome | Blocked by a federal trade court |
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What You'll Learn
- Trump's declaration of a national emergency to secure funding for a border wall has been deemed unconstitutional by critics
- The American Civil Liberties Union and the state of California have challenged Trump's declaration in court
- The National Emergencies Act of 1976 gives the president enhanced powers, but it was intended to limit, not expand, the authority to declare national emergencies
- Trump's use of emergency powers to impose tariffs has been blocked by a federal trade court, which deemed them unconstitutional
- Trump's affinity for extraordinary powers extends beyond the National Emergencies Act, including his invocation of the Alien Enemies Act and Insurrection Act
Trump's declaration of a national emergency to secure funding for a border wall has been deemed unconstitutional by critics
On February 15, 2019, President Donald Trump declared a national emergency to secure funding for a border wall along the US/Mexico border, a project that had been denied funding by Congress. Trump's declaration has been deemed unconstitutional by critics, who argue that the president is overstepping his authority and violating the Constitution's language giving legislators control over appropriations.
The American Civil Liberties Union (ACLU) and the state of California are among those who have challenged the president's emergency declaration in court, arguing that Trump is doing an end-run around Congress' stated opposition to funding the wall. Democratic congressional leaders have also vowed to introduce legislation to block the president's plan.
Legal experts and scholars have expressed concern that Trump's declaration could undermine Americans' faith in the constitutional system and contribute to the erosion of democratic norms and institutions. They argue that the proposed emergency justification for repurposing funding for the wall does not meet the criteria of requiring the use of the armed forces or being essential to national defense.
The National Emergencies Act of 1976, which was intended to regulate presidential declarations of emergencies, has ironically enabled Trump's actions by authorizing the president's access to over 120 special statutory powers. However, critics argue that Trump is exploiting loosely written statutes to upend the constitutional balance of power.
While the constitutionality of Trump's declaration remains a subject of debate, it highlights the ongoing tension between the executive and legislative branches of the US government and the evolving interpretation of presidential powers during emergencies.
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The American Civil Liberties Union and the state of California have challenged Trump's declaration in court
In February 2019, President Donald Trump declared a national emergency to secure funding for a wall along the US/Mexico border, a project that Congress had expressly denied funding for. The declaration allowed Trump to divert billions of dollars from military construction projects and counternarcotics programs to build the wall.
The American Civil Liberties Union (ACLU) and the state of California challenged Trump's declaration in court. They were joined by Democratic congressional leaders, who vowed to introduce legislation to block the president's plan. The ACLU has also raised concerns about Trump's invocation of the Insurrection Act of 1807, which would allow him to deploy National Guard troops on domestic soil without state consent.
Legal scholars and critics have questioned the constitutionality of Trump's declaration, arguing that he is circumventing Congress's stated opposition to funding the wall and violating the Constitution's provisions granting legislators control over appropriations. They also argue that the proposed emergency justification for repurposing funding for the wall does not meet the criteria of requiring the use of armed forces or being essential to national defense.
The National Emergencies Act of 1976, which was intended to regulate presidential emergency declarations, has ironically enabled Trump's actions by granting the president access to over 120 special statutory powers. However, the 1952 Supreme Court case Youngstown Sheet & Tube Co. v. Sawyer sets a precedent suggesting that absent a statute, the president's declaration of emergency would be unconstitutional.
In 2025, Trump again invoked a national emergency, this time to address trade deficits and protect American workers by imposing tariffs on foreign goods. The Court of International Trade struck down these tariffs, dealing a blow to Trump's use of emergency legislation.
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The National Emergencies Act of 1976 gives the president enhanced powers, but it was intended to limit, not expand, the authority to declare national emergencies
The National Emergencies Act (NEA) was passed in 1976 to end all previous national emergencies and formalize the emergency powers of the President. The Act empowers the President to activate special powers during a crisis but imposes procedural formalities when invoking such powers.
The Act was passed due to concerns about the number of laws granting special powers to the executive in times of national emergency. Congress can terminate an emergency declaration with a joint resolution enacted into law. The legislation was signed by President Gerald Ford on September 14, 1976, and since then, over 60 national emergencies have been declared, with more than 30 still in effect.
The Act authorizes the President to activate emergency provisions of law via an emergency declaration, but only if the President specifies the provisions and notifies Congress. An activation would expire if the President does not renew the emergency annually or if Congress passes a resolution to terminate it. The Act also requires the President and executive agencies to maintain records of all orders and regulations that result from the use of emergency authority and to report the costs incurred to Congress regularly.
While the Act gives the President enhanced powers, it was intended to limit, not expand, the authority to declare national emergencies. This is because, in the past, Congress had progressively sought to delegate more and more of its power to the executive branch. The Act sought to specify the circumstances under which emergencies could be declared and hold the President accountable to Congress.
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Trump's use of emergency powers to impose tariffs has been blocked by a federal trade court, which deemed them unconstitutional
On May 28, 2025, a federal trade court blocked former US President Donald Trump from imposing tariffs under an emergency powers law. The ruling from a three-judge panel at the New York-based U.S. Court of International Trade came after several lawsuits were filed against Trump's quotation marks"Liberation Day" tariffs, arguing that they exceeded his authority and compromised the country's trade policy.
Trump had imposed tariffs on most countries worldwide to address America's massive and long-standing trade deficits. He also levied tariffs on imports from Canada, China, and Mexico to combat the illegal flow of immigrants and synthetic opioids into the US. The former president believed that tariffs were necessary to ensure fair trade, protect American workers, and reduce the trade deficit, which he deemed a national emergency.
The court's decision invalidated all of Trump's orders on tariffs since January 2025, which were rooted in the International Emergency Economic Powers Act (IEEPA). The court ruled that the IEEPA does not give Trump the "unlimited" power to levy tariffs. While the law has historically been used to impose sanctions or freeze assets, Trump was the first US president to use it to impose tariffs.
The ruling stated that the US Constitution gives Congress exclusive authority over commerce with other nations, which cannot be overridden by the president's emergency powers. The court clarified that it was not evaluating the effectiveness of Trump's tariff usage but rather its impermissibility under federal law. The decision was welcomed by financial markets and those opposing the tariffs.
The Trump administration quickly challenged the ruling, urging the Court of International Trade to delay its order and warning of a potential "foreign policy disaster scenario." The case proceeded to the United States Court of Appeals for the Federal Circuit, with the administration expressing its commitment to using "every lever of executive power" to address the trade crisis.
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Trump's affinity for extraordinary powers extends beyond the National Emergencies Act, including his invocation of the Alien Enemies Act and Insurrection Act
In February 2019, Donald Trump declared a national emergency over his border wall, allowing him to divert billions in military funding to build it. This was done to bypass Congress, which had refused to appropriate money for the wall and had only provided a quarter of the funding he had demanded. This action has been deemed unconstitutional by critics, as it violates the Constitution's language giving legislators control over appropriations.
Trump's affinity for extraordinary powers goes beyond this incident. In March 2025, he invoked the Alien Enemies Act of 1798 to speed up the deportation of alleged members of the Venezuelan gang Tren de Aragua (TdA), who had unlawfully infiltrated the US and were conducting irregular warfare and hostile actions against the country. Trump intended to deport Venezuelans in northern Texas, but the Supreme Court blocked him from moving forward, ruling that migrants were entitled to notice and an opportunity to challenge their removal.
Trump has also threatened to use the Insurrection Act, an outdated law that allows the president to deploy the US armed forces and militia to suppress insurrections, quell civil unrest, and enforce the law when it is being obstructed. During his presidency, his supporters urged him to use it to impede the transition of power after the 2020 election. While it is legally possible for a president to use this Act, it is ripe for abuse and can undermine democracy.
Trump has also used his emergency powers to impose tariffs on foreign trade to strengthen the US's international economic position and protect American workers. He has invoked his authority under the International Emergency Economic Powers Act of 1977 (IEEPA) to address the national emergency posed by the large and persistent trade deficit. This allows him to increase tariffs if trading partners do not align with the US on economic and national security matters.
Trump's use of emergency powers has been criticised as an attempt to impose his will and exploit loosely written statutes to upend the constitutional balance of power. His actions have raised concerns about the erosion of democratic norms and institutions in the US.
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Frequently asked questions
In 2025, Donald Trump declared a national emergency to impose tariffs on foreign trade partners, citing the International Emergency Economic Powers Act (IEEPA) of 1977.
Trump's stated purpose was to strengthen the international economic position of the United States, protect American workers, and reduce the trade deficit.
The Court of International Trade struck down Trump's wide-ranging tariffs, deeming them unconstitutional.
In 2019, Donald Trump declared a national emergency to secure funding for a wall along the US-Mexico border, which Congress had expressly denied.
Critics argued that Trump's declaration was unconstitutional, as it violated the Constitution's language giving legislators control over appropriations. However, others pointed to the National Emergencies Act of 1976 as authorizing the president's action. The American Civil Liberties Union and the state of California challenged the declaration in court.
