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Negotiations between Democrats and Republicans remain deadlocked to get the United States out of shutdown. REUTERS / Joshua Roberts

The United States enters this Sunday, January 13 in their 23rd day of "shutdown". The federal budget is paralyzed by the quarrel between Donald Trump and Democrats who refuse to finance the wall promised by the US president on the Mexican border. Budget frozen, this means that 800,000 public servants may not be paid. The impasse persists and the only way out is the state of emergency. A device that Donald Trump has threatened to use if nothing moves.

The document must be written and signed by hand by the President of the United States, with an obligation: to make his menu. What powers will the White House give itself during the state of emergency? Donald Trump will be spoiled for choice among a hundred texts that he does not have access to in normal times.

This is not an authoritarian drift. The state of emergency is a very common process. George W. Bush used it 12 times, Barack Obama 13 times, Bill Clinton, 17 times. Then, it is framed by the American Constitution. Its duration is limited: one year renewable. And decisions taken during the state of emergency can be challenged in court.

► The longest shutdown in history

Can Donald Trump use it to finance his wall on the Mexican border? In theory, it is possible. The texts allow it to seize civil or military funds, such as, for example, those intended to compensate victims of natural disasters.

But that's not all. In theory, he can also ask the army to seize private land and expropriate the inhabitants to begin construction of the wall. So far, no one has ever gone so far.

The wall that Donald Trump is asking for and worth this stubbornness is a symbol that has supported his entire campaign. It was his main platform and he decided that it was necessary to move up a gear to realize this promise.

Jean-Eric Branaa lecturer at Paris II Assas, researcher at Iris 12/01/2019 - by Vincent Souriau Listen