Teachable Moment: Presidential Emergency Powers

by Mary Ellen Daneels, Lead Teacher Mentor

I suspect that many lesson plans were amended or tossed out this past Friday when President Trump announced he would be using his presidential power to declare a national emergency to help fund a wall at the southern border of the United States.

Experts and pundits alike are scrambling to answer the question, “Can he do that?” as they wait for the courts to weigh in on the issue.

As we anticipate a judicial ruling to address this topic for current and controversial issue discussions, here are some resources to help you and your students address essential questions related to this “teachable moment”.

• The American Bar Association Journal responded to President Trump’s announcement with an piece titled, “Can Trump Legally Use Emergency Powers to Build a Border Wall? Experts Weigh In.”
• USA Today provides a brief, historical overview on the issue of emergency powers in this piece, “National emergencies: What to know about executive orders and their role in US history.”
• Our friends at iCivics have a curriculum unit about the Executive Branch for both middle and high school students that explores the issue of executive power. iCivics also has two games for students to use to engage in the proven practice of simulations of democratic processes, Executive Command and Branches of Power.
• The Annenberg Project has a video that examines Youngstown Steel & Tube Co v. Sawyer and the limits the U.S. Supreme Court put on the use of executive power.
• The Left, Right, Center podcast from NPR recently shared perspectives on the president’s action from all sides of the spectrum called, “I’d Rather Do it Much Faster.”
• The National Constitution Center has a primer on “The Debate Over Emergency Powers and the Wall.”
• The Washington Post’s “Can He Do That?” podcast explicitly addressed the question, “Does Trump have the power to declare a national emergency to get border wall funding?”
• The Brennan Center for Justice published, “A Guide to Emergency Powers and Their Use.”
• An earlier blog post this year from IllinoisCivics.org shared more resources to understand presidential power and executive orders.

Do you have a resource you are using for this teachable moment on presidential power and emergency orders? Please comment below or tag me on Twitter at @Daneels_M. Together, we can prepare all students for college, career and civic life.