The Ninth Circuit federal appeals court ruled that Donald Trump can’t steal from the military to pay for his border wall.
The court ruled in Sierra Club v. Donald Trump (via:Law360):
The Trump administration does not have the authority to transfer billions in military defense funds to finance the construction of the president’s long-promised border wall, the Ninth Circuit held Friday.
In a 2-1 ruling siding with environmental organizations, the federal appeals court panel said that President Donald Trump’s decision to authorize the transfer of funds earmarked for other purposes by Congress toward the border wall violated the Appropriations Clause, which gives Congress the power to control government spending.
“The Executive Branch lacked independent constitutional authority to authorize the transfer of funds,” Chief Circuit Judge Sidney R. Thomas wrote for the majority. “These funds were appropriated for other purposes, and the transfer amounted to ‘drawing funds from the Treasury without authorization by statute and thus violating the Appropriations Clause.'”
The ruling is a victory for the constitutional appropriations power of the Legislative Branch. Trump stole $3.8 billion that was appropriated by Congress to the military to pay for his wall. The concept is simple. No president has the constitutional authority to redirect money appropriated by Congress to his/her priorities.
An unprecedented Executive Branch power grab has defined the Trump presidency, and the courts are doing their job by striking down his unconstitutional actions.
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Mr. Easley is the founder/managing editor and Senior White House and Congressional correspondent for PoliticusUSA. Jason has a Bachelor’s Degree in Political Science. His graduate work focused on public policy, with a specialization in social reform movements.
Awards and Professional Memberships
Member of the Society of Professional Journalists and The American Political Science Association