Donald Trump and His National Emergency Declaration to Face Several Lawsuits

Time and again, US President Donald Trump warned Congress that if his request for a $5.7 billion funding for US- Mexico Border Wall project is not granted, he will use his executive power to declare a state of national emergency. Now that Trump finally made good on his threat, the incumbent president is about to have his day or days in court to officially explain the legality of his use of an executive power reserved for emergency situations. This time, his justifications for his executive action must be fully supported by solid evidences and credible testimonials coming from reliable witnesses and experts.

Right after Trump announced his declaration of placing the South Border under a state of national emergency, several legal entities acting as defenders of constitutional rights, human rights, and other rights that have been trampled upon by Trump’s recent action, have either filed a federal lawsuit or announced their intention to do so, in order to challenge Donald Trump in court.

Legal Entities with Federal Lawsuit Already Filed in Court

One of the firsts to file a federal lawsuit is the Public Citizen, a non-profit consumer organization founded as far back as 1971. Comprised by more than 400,000 members, it has been instrumental in carrying out movements, and if necessary, seek court rulings in order to ensure that the present government is working for the benefit of its people.

Aside from the federal lawsuit filed by the Public Citizen against Trump, three Texas landowners have also pitched in their complaint that Trump’s national emergency declaration includes imminent sequestration of their property to make way for the extension of the South Border Wall.

Should the court declare Trump’s use of the National Emergency Act illegal, then it strips the government of the right to seize privately-owned properties with or without compensation.

Another federal lawsuit already filed in Washington D.C. is by the Citizens for Responsibility and Ethics in Washington. Instead of targeting Trump as main respondent, the lawsuit faults the Justice Department. The Justice Department failed to uphold the Freedom of Information Act in relation to making public the information on which Trump’s emergency declaration is based.

Other legal entities that have announced their intention to challenge the legality of the emergency order, include the U.S. Congress, the State of California, El Paso County and the American Civil Liberties Union, just to mention a few.

Who is a Legal Person?

A legal person is one born to a country of domicile, whilst naturally earning the rights and privileges to exist and participate as a citizen of that territory. In which case, a legal person is a natural being who must also assume responsibilities and obligations due to the territory that has given him or her benefits gained from such rights and privileges.

As a natural person, he or she is a human being entitled to assert ethical and justifiable rights to be free for harm, claim protection or act in accordance with the dictates of moral conscience. In asserting such rights, a natural person has a moral obligation to interact harmoniously with other natural persons; mainly by respecting everyone’s legal and moral rights. In doing so, he or she must coexist with other natural beings without bias, or adherence to any form of discrimination.

Can a Legal Person Become Illegal?

Basically, a legal person does not become an illegal person on whatever basis by which the legality of his or her freedom to reside, or coexist with others, is being questioned. Even if he or she is a convicted felon, some important legal rights may be taken away but not all. A convict is still a legal person, who retains the right to receive care, protection and rehabilitation so that he or she can later rejoin society as a reformed felon.

Legal persons found residing in another country without proper documentation for their immigration are called illegal immigrants. When proven guilty, they receive punishment for committing a civil infraction and will be sent back to their respective home country as part of their punishment. Upon return return to their sovereign country, they are still entitled to receive the same rights and privileges afforded to them as natural-born citizens . Not unless they left their homeland in order to avoid criminal conviction.

Can an Institution or Organization Become a Legal Person?

An institution, organization or association composed of several individuals, may apply for special legal rights in order to protect every shareholder or member from unjust or unwarranted liabilities. However, the special rights and protection is only as far as their involvement as shareholder or membership is concerned. In such cases, the institution or organization that receives approval for specific rights, assumes a legal personality and will be recognized as a legal entity.