Tag

#separation-of-powers

The constitutional division of government into legislative, executive, and judicial branches. Incidents involve executive overreach, defiance of congressional authority, or interference with judicial independence that violates this foundational structure.

2 incidents

February 13, 2020 Updated September 15, 2020 Rule of Law

Major Abuse of Power

Diverting $3.8 Billion in Military Funds to Border Wall After Congress Refused

In February 2020, the Trump administration announced the diversion of an additional $3.8 billion in military construction funds to border wall construction — funds that had been appropriated by Congress for specific military purposes including school construction at Fort Campbell, Kentucky; housing at Guantanamo; and facilities in Germany. Military families were directly affected when promised construction projects were canceled. The GAO had previously found that Trump's withholding of congressionally appropriated Ukraine security assistance violated the Impoundment Control Act; the same statutory framework applied to the Pentagon diversions.

Sources: 4

February 15, 2019 Updated September 27, 2019 Rule of Law

Major Abuse of Power

National Emergency Declaration: Diverting Congress-Rejected Wall Funding

Trump had explicitly asked Congress for $5.7 billion for the border wall; Congress appropriated $1.375 billion for fencing, far less than requested. Trump signed the appropriations bill and then simultaneously declared a national emergency to bypass the congressional decision and access Pentagon funds Congress had not authorized for this purpose. He acknowledged the emergency framing was pretextual, saying at the announcement: 'I could do the wall over a longer period of time. I didn't need to do this. But I'd rather do it much faster.' Congress voted to terminate the emergency; Trump vetoed. Courts blocked parts of the diversion; the Supreme Court allowed it to proceed pending litigation.

Sources: 4

national-emergency border-wall rule-of-law first-term shutdown