
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.
- National Environmental Policy Act
- Endangered Species Act
- Federal Water Pollution Control Act
- National Historic Preservation Act
- Migratory Bird Treaty Act
- Migratory Bird Conservation Act
- Clean Air Act
- Archeological Resources Protection Act
- Paleontological Resources Preservation Act
- Safe Drinking Water Act
- Noise Control Act
- Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act
- Comprehensive Environmental Response, Compensation, and Liability Act
- Archaeological and Historic Preservation Act
- Antiquities Act
- Historic Sites, Buildings, and Antiquities Act
- Farmland Protection Policy Act
- National Wildlife Refuge System Administration Act
- National Fish and Wildlife Act of 1956
- Fish and Wildlife Coordination ActNational Trails System Act
- National Trails System Act
- Administrative Procedure Act
- Eagle Protection Act
- Native American Graves Protection and Repatriation Act
- 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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