Donald Trump has the Authority as Commander in Chief... to Build the wall.. Here's why..
President Donald Trump does not have to declare a State of Emergency in
order to direct the Defense Department to erect barriers at the U.S.
border with Mexico.
President Trump can direct the Pentagon, the United States military,
pursuant to 10 U.S.C. 284 to build such barriers as are necessary to
secure our Southern border from drug trafficking and international crime
cartels, would the United States military will have to obey that order !!
Among other provisions, the law allows for the “construction of roads
and fences and installation of lighting to block drug smuggling
corridors across international boundaries of the United States.”
ANY ARGUMENT ?
Any Federal Judge that tries to block this wall should be arrested for SEDITION!
10 U.S. Code § 284 - Support for counter drug activities and activities to counter transnational organized crime
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(a)Support to Other Agencies.—The Secretary of Defense may provide support for the counterdrug activities or activities to counter transnational organized crime of any other department or agency of the Federal Government or of any State, local, tribal, or foreign law enforcement agency for any of the purposes set forth in subsection (b) or (c), as applicable, if—
(1) in the case of support described in subsection (b), such support is requested—
(A)
by the official who has responsibility for the counterdrug activities or activities to counter transnational organized crime of the department or agency of the Federal Government, in the case of support for other departments or agencies of the Federal Government; or
(2)
in the case of support described in subsection (c), such support is requested by an appropriate official of a department or agency of the Federal Government, in coordination with the Secretary of State, that has counterdrug responsibilities or responsibilities for countering transnational organized crime.
(b)Types of Support for Agencies of United States.—The purposes for which the Secretary may provide support under subsection (a) for other departments or agencies of the Federal Government or a State, local, or tribal law enforcement agencies, are the following:
(1) The maintenance and repair of equipment that has been made available to any department or agency of the Federal Government or to any State, local, or tribal government by the Department of Defense for the purposes of—
(A)
preserving the potential future utility of such equipment for the Department of Defense; and
(B)
upgrading such equipment to ensure compatibility of that equipment with other equipment used by the Department.
(2)
The maintenance, repair, or upgrading of equipment (including computer
software), other than equipment referred to in paragraph (1) for the
purpose of—
(A)
ensuring that the equipment being maintained or repaired is compatible with equipment used by the Department of Defense; and
(B)
upgrading such equipment to ensure the compatibility of that equipment with equipment used by the Department.
(3)
The transportation of personnel of the United States and foreign countries (including per diem expenses associated with such transportation), and the transportation of supplies and equipment, for the purpose of facilitating counterdrug activities or activities to counter transnational organized crime within or outside the United States.
(4)
The establishment (including an unspecified minor military construction project)
and operation of bases of operations or training facilities for the
purpose of facilitating counterdrug activities or activities to counter transnational organized crime of the Department of Defense or any Federal, State, local, or tribal law enforcement agency within or outside the United States.
(5)
Counterdrug or counter-transnational organized crime related training of law enforcement personnel of the Federal Government, of State,
local, and tribal governments, including associated support expenses
for trainees and the provision of materials necessary to carry out such
training.
(6) The detection, monitoring, and communication of the movement of—
(A)
air and sea traffic within 25 miles of and outside the geographic boundaries of the United States; and
(B)
surface traffic outside the geographic boundary of the United States and within the United States not to exceed 25 miles of the boundary if the initial detection occurred outside of the boundary.
(7)
Construction of roads and fences and installation of lighting to block drug smuggling corridors across international boundaries of the United States.
(8)
Establishment of command, control, communications,
and computer networks for improved integration of law enforcement,
active military, and National Guard activities.
(c) Types of Support for Foreign Law Enforcement Agencies.—
(1)Purposes.—The
purposes for which the Secretary may provide support under subsection
(a) for foreign law enforcement agencies are the following:
(A)
The transportation of personnel of the United States and foreign countries (including per diem expenses associated with such transportation), and the transportation of supplies and equipment, for the purpose of facilitating counterdrug activities or activities to counter transnational organized crime within or outside the United States.
(B)
The establishment (including small scale construction)
and operation of bases of operations or training facilities for the
purpose of facilitating counterdrug activities or activities to counter transnational organized crime of a foreign law enforcement agency outside the United States.
(C) The detection, monitoring, and communication of the movement of—
(i)
air and sea traffic within 25 miles of and outside the geographic boundaries of the United States; and
(ii)
surface traffic outside the geographic boundaries of the United States.
(D)
Establishment of command, control, communications, and computer networks for improved integration of United States Federal and foreign law enforcement entities and United States Armed Forces.
(2)Coordination with secretary of state.—
In providing support for a purpose described in this subsection, the Secretary shall coordinate with the Secretary of State.
(d)Contract Authority.—
In carrying out subsection (a), the Secretary may
acquire services or equipment by contract for support provided under
that subsection if the Department
of Defense would normally acquire such services or equipment by
contract for the purpose of conducting a similar activity for the Department.
(e)Limited Waiver of Prohibition.—
Notwithstanding section 376 [1]
of this title, the Secretary may provide support pursuant to subsection
(a) in any case in which the Secretary determines that the provision of
such support would adversely affect the military preparedness of the United States in
the short term if the Secretary determines that the importance of
providing such support outweighs such short-term adverse effect.
(f)Conduct of Training or Operation To Aid Civilian Agencies.—
In providing support pursuant to subsection (a),
the Secretary may plan and execute otherwise valid military training or
operations (including training exercises undertaken pursuant to section
1206(a) of the National Defense Authorization Act for Fiscal Years 1990
and 1991 (Public Law 101–189; 103 Stat. 1564) [2] for the purpose of aiding civilian law enforcement agencies.
(g) Relationship to Other Support Authorities.—
(1)Additional authority.—
The authority provided in this section for the support of counterdrug activities or activities to counter transnational organized crime by the Department of Defense is in addition to, and except as provided in paragraph (2), not subject to the other requirements of this chapter.
(h) Congressional Notification.—
(1)In general.—Not
less than 15 days before providing support for an activity under
subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a written and electronic notice of the following:
(A) In the case of support for a purpose described in subsection (c)—
(i)
the country the capacity of which will be built or enabled through the provision of such support;
(ii)
the budget,
implementation timeline with milestones, anticipated delivery schedule
for support, and completion date for the purpose or project for which
support is provided;
(iv)
a description of the arrangements, if any, for the
sustainment of the project or purpose and the source of funds to
support sustainment of the capabilities and performance outcomes
achieved using such support, if applicable;
(v)
a description of the objectives for the project or
purpose and evaluation framework to be used to develop capability and
performance metrics associated with operational outcomes for the
recipient;
(vi)
information, including the amount, type, and purpose, about the support
provided the country during the three fiscal years preceding the fiscal
year for which the support covered by the notice is provided under this
section under—
(II)
section 23 of the Arms Export Control Act (22 U.S.C. 2763);
(IV)
the International Narcotics Control and Law Enforcement program under section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291);
(VI)
counterdrug activities authorized by section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) 1 and section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85); or
(VII)
any other significant program, account, or
activity for the provision of security assistance that the Secretary of
Defense and the Secretary of State consider appropriate;
(B)
In the case of support for a purpose described in subsection (b) or (c), a description of any small scale construction project for which support is provided.
(2)Coordination with secretary of state.—
In providing notice under this subsection for a
purpose described in subsection (c), the Secretary of Defense shall
coordinate with the Secretary of State.
(i)Definitions.—In this section:
(1) The term “appropriate committees of Congress” means—
(2)
The term “Indian tribe” means a Federally recognized Indian tribe.
(3)
The term “small scale construction” means construction at a cost not to exceed $750,000 for any project.
(4)
The term “tribal government” means the governing body of an Indian tribe, the status of whose land is “Indian country” as defined in section 1151 of title 18 or held in trust by the United States for the benefit of the Indian tribe.
(5)
The term “tribal law enforcement agency” means the law enforcement agency of a tribal government.
(6)
The term “transnational organized crime”
means self-perpetuating associations of individuals who operate
transnationally for the purpose of obtaining power, influence, monetary,
or commercial gains, wholly or in part by illegal means, while
protecting their activities through a pattern of corruption or violence
or through a transnational organization structure and the exploitation
of transnational commerce or communication mechanisms.
(Added § 384 and renumbered § 284, Pub. L. 114–328, div. A, title X, § 1011(a)(1), title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2381, 2497.)