"I hope someone tears down The Wall, US border, separating Mexico from the US, looking east, along Highway 2, Sonora Desert, Mexican side" by Wonderlane is licensed under CC BY 2.0.

Why Biden is getting too much hate for the border wall funding.

"I hope someone tears down The Wall, US border, separating Mexico from the US, looking east, along Highway 2, Sonora Desert, Mexican side" by Wonderlane is licensed under CC BY 2.0.

So, let me get right into this by saying President Biden did not have a choice in this matter, and I doubt he liked having to do this. But the Appropriations Clause of the Constitution is clear.

Article I, Section 9, Clause 7 says:

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

What this has been interpreted to mean is appropriatehat Congress has the full authority when it comes to funding. The President does not have the executive authority to deny funding Congress has appropriated for a specific project. It’s part of the fundemental seperation of powers in the constitution.

With that being said let’s get into all 25 federal laws Biden had to waive for this project to happen.

  1. National Environmental Policy Act
  2. Endangered Species Act
  3. Federal Water Pollution Control Act
  4. National Historic Preservation Act
  5. Migratory Bird Treaty Act
  6. Migratory Bird Conservation Act
  7. Clean Air Act
  8. Archeological Resources Protection Act
  9. Paleontological Resources Preservation Act
  10. Safe Drinking Water Act
  11. Noise Control Act
  12. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act
  13. Comprehensive Environmental Response, Compensation, and Liability Act
  14. Archaeological and Historic Preservation Act
  15. Antiquities Act
  16. Historic Sites, Buildings, and Antiquities Act
  17. Farmland Protection Policy Act
  18. National Wildlife Refuge System Administration Act
  19. National Fish and Wildlife Act of 1956
  20. Fish and Wildlife Coordination ActNational Trails System Act
  21. National Trails System Act
  22. Administrative Procedure Act
  23. Eagle Protection Act
  24. Native American Graves Protection and Repatriation Act
  25. American Indian Religious Freedom Act

In conclusion, I highly doubt President Biden wanted to waive all of these laws when he’s even admitted himself he doesn’t think this border wall will do anything. People are criticizing him for that when it’s those words themselves that state exactly how he feels about this. He just doesn’t have the authority Executive Order or not to deny this funding. So be better. As Biden would say “c’mon man.”


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