Exceptional Circumstances: Immigration, Imports and Climate Change as Emergencies

25 Pages Posted: 20 Apr 2020

See all articles by Daniel A. Farber

Daniel A. Farber

University of California, Berkeley - School of Law

Date Written: February 29, 2020

Abstract

President Trump has used emergency powers to achieve key parts of his policy agenda, exemplified by his travel ban, funding for the border wall, and tariffs on many imports. This essay examines how the Administration has invoked the need for urgent action in these and other settings, along with the responses of the courts. The essay also consider how these actions could be used as precedents by future presidents, such as declaring a climate change emergency. Finally, the essay discusses the risks of normalizing the use of emergency powers, along with the forces that may impel presidents in that direction.

Keywords: Travel ban, Tariffs, President Trump, Emergency Powers, Climate Change, Climate Emergency

Suggested Citation

Farber, Daniel A., Exceptional Circumstances: Immigration, Imports and Climate Change as Emergencies (February 29, 2020). Available at SSRN: https://ssrn.com/abstract=3546613 or http://dx.doi.org/10.2139/ssrn.3546613

Daniel A. Farber (Contact Author)

University of California, Berkeley - School of Law ( email )

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