Can Trump Order the Pentagon to Build the Wall?

The question of whether Donald Trump can order the Pentagon to build a border wall has been a topic of intense debate. This article explores the complexities and legal boundaries involved in such a scenario.

Understanding Discretionary Spending and Military Funding

There is a fundamental distinction to be made regarding discretionary spending within the military. The Pentagon, which manages the military budget, operates under specific guidelines and constraints. According to discretionary spending rules, large-scale projects, such as building significant infrastructure like a border wall, are not typically within the scope of regular military funding.

The U.S. Army Corps of Engineers (USACE) is often responsible for such projects under specific conditions. However, even the USACE faces limitations. For instance, they can design and plan such projects using discretionary funds but cannot initiate construction without proper authorization and funds.

The Importance of Land Acquisition

One of the biggest challenges in constructing a border wall is the acquisition of necessary land. While the U.S. already owns or controls much of the border area, not all required properties can be acquired through voluntary means. Many areas, particularly in sensitive regions, are owned by private citizens, organizations, and entities who may not be willing to sell their properties.

In cases where private property is needed, the concept of eminent domain comes into play. However, this is a highly contentious issue. Eminent domain allows the government to take private property for public use, but it often involves legal battles and significant public resistance. Numerous properties, ranging from church land to agricultural and residential properties, would likely require this process, including:

Two churches Many homes and ranches Couple of golf courses Several farms Miscellaneous properties

The use of eminent domain is not without controversy and can be extremely controversial, especially given the sensitive nature of border regions.

Legal Authorizations and Congressional Powers

Even if the Pentagon had the authority to build a border wall, they would still need the power of the purse, which resides with Congress. This means that any additional funds required for such a project would need to be authorized through a specific piece of legislation. This is why President Trump has pursued multiple avenues, including declaring a national emergency and seeking additional funding.

President Trump can declare a national emergency and request emergency funds for specific projects. However, this does not guarantee approval. Congress still holds the authority to reject such a declaration on the grounds of unconstitutionality or lack of necessity. Additionally, the funding for the Department of Defense (DoD) has already been signed into law by the President, making any specific mention of a border wall an issue of re-authorization rather than new funding.

Conclusion

While President Trump has several tools at his disposal to potentially secure funding for a border wall, the process is fraught with legal and political challenges. The Pentagon, the military, and Congress all play critical roles in this process, each with its own constraints and requirements. For now, the question of whether a border wall can be built through the Pentagon remains a matter of ongoing debate and legal maneuvering.

Keywords: Pentagon, Military Construction, Border Wall, Eminent Domain