This episode illustrates how Congress has long ago relinquished its lawmaking powers. The legislature enacts omnibus bills that few members actually read. Often, these super-duper-statutes contain nearly-limitless delegations of authority to the executive branch, with only the flimsiest guidelines of how and when that authority should be executed. Other times, Congress gives the president the exact authority he needs, with few strings attached. Such is the case with §284: Obama signed a bill into law that gave his successor the very precise power to “construct . . . fences . . . across international boundaries of the United States.” Moreover, a predecessor of this statute, known commonly as Section 1004, has been in effect since 1990. Critically, other longstanding provisions allow the president to shift appropriations around to fund that construction.
Trump’s decision to rely on § 284 reflects, once again, an instance where he relies on express delegations of power to accomplish awful policies. Congress cannot claim that the president is subverting the rule of law when it gives him the precise authority he needs to accomplish his goal. In January 2017, Democratic Senator Jack Reed said that Congress could block the president from relying on this statute to fund the fence—and certainly that could work prospectively. But Congress is responsible for enacting this statute in the first place.
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Trump’s decision to rely on § 284 reflects, once again, an instance where he relies on express delegations of power to accomplish awful policies. Congress cannot claim that the president is subverting the rule of law when it gives him the precise authority he needs to accomplish his goal. In January 2017, Democratic Senator Jack Reed said that Congress could block the president from relying on this statute to fund the fence—and certainly that could work prospectively. But Congress is responsible for enacting this statute in the first place.
How Congress and President Obama Made Trump’s Wall Possible
As part of its effort to construct a border wall, the Trump administration has invoked a statutory delegation of authority signed into law by President Obama after
