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

Grade 2 of 5: 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 Pentagon funds to border wall construction — funds Congress had appropriated for other defense purposes. It followed the September 2019 deferral of 127 military construction projects to free $3.6 billion, among them a $62.6 million middle school at Fort Campbell, Kentucky. In June 2020 the Ninth Circuit held that the transfers violated the Appropriations Clause; the Supreme Court declined, 5–4, to lift its stay, and construction continued.

Grade 2 of 5: 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.