In 2015, Trump began offering that as president, he would build a "Big, beautiful wall" along the border of the United States and Mexico and that Mexico would pay for the wall.
After the president of Mexico rejected paying for a wall, Trump asked Congress to do so.
Youngstown Sheet & Tube v. Sawyer, known as the Steel Seizure Case, held that the president was without authority to occupy private property and pay others to do so without express appropriations from Congress because the Constitution defines clearly that no federal dollars can be spent without an appropriation by Congress.
In concurring with the majority on the court, Justice Jackson offered his now iconic views of the presidency vis-a-vis Congress under the Constitution.
When the president acts in an area that the Constitution gives exclusively to Congress - such as spending money - and when he acts in defiance of Congress, his acts are unconstitutional and are to be enjoined.
Years later, Justice Anthony Kennedy would explain that presidents cannot act as if they were Congress any more than Congress can act as if it were the president.
James Madison argued that it preserves personal liberty by keeping both the president and the Congress in check - even if it means they are sometimes at tension with each other.
https://townhall.com/columnists/judgeandrewnapolitano/2019/02/21/trumps-brazen-unconstitutional-overreach-n2541913
After the president of Mexico rejected paying for a wall, Trump asked Congress to do so.
Youngstown Sheet & Tube v. Sawyer, known as the Steel Seizure Case, held that the president was without authority to occupy private property and pay others to do so without express appropriations from Congress because the Constitution defines clearly that no federal dollars can be spent without an appropriation by Congress.
In concurring with the majority on the court, Justice Jackson offered his now iconic views of the presidency vis-a-vis Congress under the Constitution.
When the president acts in an area that the Constitution gives exclusively to Congress - such as spending money - and when he acts in defiance of Congress, his acts are unconstitutional and are to be enjoined.
Years later, Justice Anthony Kennedy would explain that presidents cannot act as if they were Congress any more than Congress can act as if it were the president.
James Madison argued that it preserves personal liberty by keeping both the president and the Congress in check - even if it means they are sometimes at tension with each other.
https://townhall.com/columnists/judgeandrewnapolitano/2019/02/21/trumps-brazen-unconstitutional-overreach-n2541913
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