Swifties, this one’s for you. It seems like Taylor Swift's Eras Tour has lasted eons. Yet somehow, there’s always something to talk about. Just thinking about how much she’s accomplished while on tour makes me want to buckle down, lock in, and channel my inner girlboss. But while I can’t even be bothered to cook dinner at home after a long day of work, Taylor is accomplishing milestones most musicians can only dream of. Let’s recap.
The Eras Tour began in March 2023 with its North American leg. It’s set to go until December 2024, with dates in Europe, Australia, Asia, and South America— spanning 152 shows across five continents.
As the queen of multitasking, Swift hasn’t stopped at just selling out stadiums. Since the Eras tour began, she’s released multiple albums — both new and old — and shaken up the tour setlist with each new release. Her list of new releases started on the first day of her tour with “All Of The Girls You Loved Before,” which was quickly followed up by “The Alcott,” a feature on The National’s album — reciprocity for their work on her pandemic era albums, Folklore and Evermore.
She also released Midnights: Late Night Edition (including the iconic collab with Ice Spice), as well as not one but two album re-releases — Speak Now Taylor's Version and 1989 Taylor's Version. As if that wasn’t enough, she announced her latest album, The Tortured Poet’s Department, in a GRAMMY’s acceptance speech. Talk about legendary. Since its release, she’s also been churning out deluxe versions and remixes to keep us on our toes. The Eras Tour was even made into a Blockbuster film that brought Beyonce to its premiere. Star power: confirmed.
But that’s just her work life. Her personal life is just as eventful. She ended her 7-year relationship with Joe Alwyn in April 2023. Then entered into a brief but controversial fling with 1975 frontman Matty Healy. Though it didn’t last long, the relationship was enough to inspire a whole album and catapult her into her current romance with Travis Kelce, aka Amerca’s first nepo boyfriend. Now they’re the American Royal couple — and she somehow had time to fly from tour to his Super Bowl performance.
We all have the same hours in the day as Taylor Swift, but how she uses them will always be a mystery to me. I work eight hours a day and can barely manage a social life. Meanwhile, Taylor has it all — though conservatives are turning on her for daring to be a woman in her 30s who’s not married with kids. If that’s not proof that women can’t do anything right, I don’t know what is.
Clearly, she’s working late because she’s a singer. No wonder Taylor Swift became a billionaire months into her tour in October 2023. Her net worth is currently around 1.3 billion dollars, making her the only female musician to become a billionaire from her music.
Other entertainment billionaires like Rihanna, Kylie Jenner, Kim Kardashian, Jay-Z, and Kanye West have joined the three-comma club thanks to ventures like clothing brands, beauty products, and other entrepreneurial pursuits. Rihanna has her FENTY Empire. Kim has her award-winning SKIMS. Ye had Yeezy. But Taylor has an unbeatable catalog of publishing.
But Taylor isn’t just different from other Billionaires because of how she earned her money. She’s the Taylor we know and love because of how she spends it. Her rollercoaster Eras Tour is how she’s made much of her fortune. And she’s using it to give back in monumental degrees. From individual donations to investing in local infrastructure, Taylor is changing lives on a macro and micro scale. And teaching us what to expect from all billionaires in the process.
The Eras Tour Bonuses — Talk About Workplace Benefits
First to make headlines were the Eras Tour crew bonuses. While some of us get rewarded with a pizza party or a $10 gift card to Starbucks, Taylor casually dropped $55 million in bonuses for her tour crew. The massive sum was paid out to everyone who makes the Eras Tour go around, from truck drivers to dancers and sound technicians.
In fairness, these bonuses are so well-deserved. Taylor’s shows are over three hours long. Imagine dancing for that long — because Swift certainly isn’t the one with the impressive moves — for hundreds of tour dates. Or remembering countless combinations of light cues to go with a setlist that changes daily. Yeah, they’re clocking in. And if my boss had millions to blow, I’d be expecting a comfortable bonus too. But $55 Million? That’s a testament to Swift’s generosity. It's like she's Oprah, but instead of cars, she's giving out life-changing amounts of cash. "You get a bonus! You get a bonus! Everybody gets a bonus!"
It’s similar to how Zendaya gave film equity to every member of the crew that worked on her controversial black-and-white drama, Malcolm & Marie. Filmed in a few days with a bare-bones crew during the peak of the pandemic, the film was Zendaya’s passion project with Sam Levinson, in which she starred alongside John David Washington. Though the film got mixed reviews, it captured the audience’s attention all the same. After all, it was Zendaya — and we’ll watch her in anything. So since the film sold to Netflix for a hefty sum, all the crew members got payouts from the deal on top of their salaries to reward their hard work.
Bonuses and equity payouts are common in many industries, but not entertainment. Even though it’s one of the most lucrative and recognizable American industries, most entertainers don’t make enough to survive. The SAG and WGA strikes last year were proof that there needs to be systemic change in the industry. LA County has even identified show businesses as risk factors for being unhoused — after all, how many stories do we hear of actors who were living in their cars before their big break? And for many, their big break never comes. For even more, they get hired on amazing gigs with giant performers … then go right back to the grind afterward. While individual actions from our favorite stars won’t fix everything, Zendaya and Taylor are providing models for how Hollywood should treat the people who make this town go round.
And in this economy, even a little bit could go a long way. Inflation and the cost of living are not a joke. Especially when, like with many creative careers, you often have to invest in lessons or equipment for your craft. With all this considered, the impact of Swirt’s donations can’t be overstated. Imagine getting a lump sum of cash for dancing to your favorite Taylor Swift tracks? Talk about a dream job.
The Economic Impact of Swift - Swiftonomics, if you will
Like Barbie and Beyonce last year, Swift is still on a tear to boost the economy of the cities she’s in just by traveling there — ad inspiring others to make the trek, too.
The Barbie movie proved that by marketing to women (instead of just making Marvel flops like Madame Web that aren’t really targeted to women at all), the entertainment industry can make giant profits. Barbie fever went beyond the theater. Thanks to a plethora of product collabs, the phenomenon rippled through retail.
Similarly, Beyonce’s Renaissance Tour tour generated an estimated $4.5 billion for the American economy. According to NPR, that’s almost as much as the entire 2008 Olympics earned for Beijing. People were taking money out of their 401ks to pay for Beyonce tickets and the glittery, silver-hues outfits to rock at her shows. Cities even started calling her effect the “Beyonce Bump.”
Swift has the same effect. She’s not just proving her generosity on a micro-scale for the people close to her, she’s having actual, tangible effects on the economy. It's like she's leaving a trail of dollar bills in her wake, and cities are scrambling to catch them like it's a country-pop, capitalist version of musical chairs.
The US Travel Association called it the Taylor Swift Impact after she generated over $5 Billion in just the first 5 months of the Eras Tour. But how does this work? It’s not like Taylor is printing more money at those shows, but it almost is. Her tour dates are pretty much economic steroid shots for local businesses. Hotels are booked solid, restaurants are packed, and let's not even get started on the surge in friendship bracelet supplies.
“Swifties averaged $1,300 of spending in local economies on travel, hotel stays, food, as well as merchandise and costumes,” say the US Travel Association. “That amount of spending is on par with the Super Bowl, but this time it happened on 53 different nights in 20 different locations over the course of five months.” That’s not to say one word about her effect on the actual Super Bowl and the entire NFL season thanks to her ball-throwing boyfriend.
It's like she's created her own micro-economy, and everyone's invited to the party. And unlike some economic theories that rely on wealth trickling down (spoiler alert: it doesn't), Taylor's wealth is more like a t-shirt cannon or the confetti at her shows — showering everyone around.
Donations that truly do good
Taylor isn’t just stepping into cities and calling it a night. She’s also not just throwing pennies at problems - she's making significant contributions that are changing lives. And more importantly, she's using her platform to encourage her fans to do the same.
She kicked off her tour with quiet donations to food banks in Glendale, Ariz., and Las Vegas ahead of the Eras Tour. Once the tour was in full swing, she continued this practice. In Seattle, she donated to Food Lifeline, a local hunger relief organization. In Santa Clara, she showed some love to Second Harvest of Silicon Valley. And let's not forget about her $100,000 donation to the Hawkins County School Nutrition Program in Tennessee.
She’s been making similar donations overseas. Taylor Swift donated enough money to cover the food bills for an entire year across 11 food banks and & community pantries in Liverpool. Swift also covered 10,800 meals for Cardiff Foodbank and many more banks across the UK and EU. Her impact is so profound that her numbers are doing more to combat issues like hunger than the government.
Can billionaires actually be good?
One thing about me, I’m always ready and willing — knife and fork in hand — to eat the rich. Because fundamentally, can any billionaire really be good? In our late-stage capitalist horror story, the answer is usually no. Look how many of them are supporting the Trump campaign just to get some tax breaks.
But here's the thing - Taylor Swift might just be the exception that proves the rule. She's not perfect, sure. She still flies private jets and probably has a carbon footprint bigger than Bigfoot. But unlike most of the others in her tax bracket, she's not flaunting her wealth like it's a personality trait.
Take a look around. We've got billionaires trying to colonize Mars instead of, I don't know, helping people on Earth. In this context, Taylor's approach is more like Mackenzie Scott’s — Bezos’s ex-wife. She's not trying to escape to another planet - she's trying to make this one better.
And look, I'm not saying we should stop critiquing billionaires or the system that creates them. But she's just setting the bar for what we should expect from all billionaires. She's showing us that our collective power as fans can translate into real-world change. That our love for catchy choruses and bridge drops can somehow, improbably, lead to food banks getting funded and crew members getting life-changing bonuses.
So sorry to my neighbors who hear me belting “Cruel Summer” and “right where you left me” at the top of my lungs (and range). Just know it’s for the greater good.
The Fourth Amendment: Your Privacy in the Digital Age
Here are three crucial ways the digital age complicates your protections under the Fourth Amendment.
When the Fourth Amendment codified citizens' protections against government spying in 1791, Americans couldn't say, "Alexa: turn off the lights."
With technology pervasively conducting our daily errands, the amendment against illegal search and seizure is not equipped to protect digital users. In fact, David Cole, a law professor of constitutional law and national security at Georgetown University, critiques, "In the modern digital age, it means very, very little."
To be clear, the totality of the Fourth Amendment reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized."
Here are three crucial ways the digital age complicates your protections under the Fourth Amendment:
1. Law enforcement doesn't always require a search warrant to enter your home
When police want to mine your private information on suspicion that you've committed a crime, they have to meet the familiar requirement of "probable cause." Traditionally, they must convince a judge that there is a sound reason to search and/or bug your property for surveillance. True to the wording of the law, your protected personal belongings include your physical body, "houses, papers, and effects."
However, "probable cause" includes the "plain view" clause, wherein authorities have the right to enter your home if they see evidence, contraband, or suspicious materials in your home. In the age of social media, a picture, check-in, or status you post could very well justify law enforcement entering your home without a warrant. The ruling in Katz v. United States stands as the most notable example that qualifies the Fourth Amendment as only applying to situations in which "an individual has a reasonable expectation of privacy." When you're sharing the details of your life on social media sites, you waive much of that expectation.
2. Your personal information is no longer "private" from the government once shared on social media
A series of rulings in the 1960s and 1970s began to add exceptions to the "probable cause" requirement. Namely, the government does not need a search warrant to obtain any personal information that you've already shared with somebody else. Hence, the government can obtain any private information given to credit card companies, banks, or phone companies, because you've technically de-privatized the information by using those services.
Of course, the same applies to any-and-all social media accounts. All the government needs is a subpoena, which experts say is "trivially easy to issue."
3. Your location can be tracked by the government
While it may seem obvious to be wary of broadcasting your location at any given time, some personal devices and social media sites automatically tag and record your location. Your whereabouts cease to be a topic of government surveillance when you share the information willingly (which you do by using digital services). As Justice Alito noted when presiding over the United States v. Jones, social media tools "will . . . shape the average person's expectations about the privacy of his or her daily movements." Traditional protections simply don't apply to what you publicize yourself.
7 Famous Asylum Seekers
While U.S. policies block many refugees from entering the country based on arbitrary or prejudicial criteria, Asylum remains a federal protection from persecution or fear from persecution.
When Joe Biden spoke at the 2019 Munich Conference in Germany, he spoke highly of America's participation in the global community. He told the European leaders, "The America I see…does not wish to turn our back on the world or our allies." This stands opposed to the policies Donald Trump's administration has enacted.
As Biden added, "The America I see values basic human decency, not snatching children from their parents or turning our back on refugees at our border," he said. "The American people understand…because it makes us an embarrassment. The American people know, overwhelmingly that it is not right. That it is not who we are."
While U.S. policies block many refugees from entering the country based on arbitrary or prejudicial criteria, Asylum remains a federal protection from persecution or fear from persecution. Individuals may file on the basis of race, religion, nationality, membership in a particular social group, or political opinion. Asylum has actually saved the lives of multiple high profile figures.
Here are seven famous asylum seekers:
1. Albert Einstein (physicist)
The Nobel Prize-winning scientist fled Germany in 1933 in order to escape persecution from the Nazis. After his safe arrival in the. U.S., Einstein notably said, "I shall live in a land where political freedom, tolerance, and equality of all citizens reign."
2. Mila Kunis (actress)
Kunis and her family fled Soviet Ukraine during the Cold War. That 70s Show actress was seven years old when she was granted a refugee visa.
3. Gloria Estefan (singer)
Born in Havana, Cuba, the "Queen of Latin Pop" fled the country with her family when she was just two years old. After Fidel Castro led the Communist revolution in 1959, her family moved to Miami.
4. Madeleine Albright (former Secretary of State)
Born in 1937 in what was then Czechoslovakia, her family fled Nazi persecution during World War II. Although they attempted to return, they had to leave permanently in 1948. She later became the first female Secretary of State.
5. Henry Kissinger (former Secretary of State)
After spending the first 15 years of his life in Germany, his family fled in 1938 during the early years of the Holocaust.
6. Marlene Dietrich (actress)
The Hollywood beauty started her film career in Germany in the 1920s. When the Nazis gained power, she fled to Hollywood, where she became an American citizen and made a point to perform for troops during World War II. Later, she said, "America took me into her bosom when I no longer had a native country worthy of the name."
7. Regina Spektor (singer)
After being raised in Moscow, the singer's family fled the Soviet Union when she was nine years old in fear of religious persecution. They settled in New York, where Spektor would later begin her singing career
This week, immigrant advocacy groups lobbied to block an order under the Trump administration that would force asylum seekers to stay in Mexico until their case files were seen in immigration courts. Based on the fact that lives could be endangered if the order were executed, the group stated that asylum seekers "are being returned to Mexico without any meaningful consideration of the dangers they face there, including the very real threat that Mexican authorities will return them to the countries they fled to escape persecution and torture." The federal courts have yet to make a decision on overturning the order.
Meg Hanson is a Brooklyn-based writer, teacher, and jaywalker. Find Meg at her website and on Twitter @megsoyung.
How Genetic Testing Compromises Your Rights to Privacy
By submitting your genetic material to a company, you're tacitly agreeing to share your identity and rights to your most private information.
From "fear of missing out" on social media to belligerent political differences, modern existence is increasingly alienating. As a result, more people are interested in "finding their tribe" by digging up their family origins. But genetics-testing companies like Ancestry and 23andMe take more than your DNA, they take your privacy to that information, as well. With the Golden State Killer finally arrested thanks to data mined from those genetic databases, law enforcement has proven their ability to access the company's records.
In the same vein, the government can gain access to personal information given to these sites for purposes they deem justified. For example, in 2019, Canadian immigration officials obtained DNA results from sites like Familytreedna.com and Ancestry.com in order to identify immigrants' nationality and trace their relatives. Subodh Bharati, a lawyer representing one targeted individual, told Vice, "I think it is a matter of public interest that border service agencies like the CBSA are able to obtain access to DNA results...There are clear privacy concerns. How is the CBSA able to access this information and what measures are being put in place to ensure this information remains confidential?"
While each site in question denies working with government agencies, if authorities argue that national security is at risk, then the websites "can't really say no," as immigration lawyer Jared Will explains. He condemns the exchange as "extorted consent." Bharati warns potential customers, "Individuals using these sites to look at their family tree should be aware that their confidential information is being made available to the government and that border agents may contact them to help facilitate the deportation of migrants."
Furthermore, accessing your data doesn't always take government measures. For instance, according to 23andMe's policy, "We do not share customer data with any public databases. We will not provide any person's data (genetic or non-genetic) to an insurance company or employer. We will not provide information to law enforcement or regulatory authorities unless required by law to comply with a valid court order, subpoena, or search warrant for genetic or Personal Information." Yet, there's an additional permission users are asked to agree to, reading, "By agreeing to the Research Consent Document, Individual Data Sharing Consent Document, or participating in a 23andMe Research Community, you can give consent for the use of your data for scientific research purposes."
In July 2018, 23andMe announced it was partnering with the world's ninth-largest pharmaceutical company, GlaxoSmithKline (GSK). The agreement grants GSK exclusive access to the genetic information of over 5 million users, and 23andMe received $300 million. GSK released a statement explaining their interest in genetic databases, saying, "The goal of the collaboration is to gather insights and discover novel drug targets driving disease progression and develop therapies."
While it's a universal good to create more effective and closely targeted medicine, the transactional exchange of people's most private information, their DNA, unsettles many. Peter Pitts, president of the Center of Medicine in the Public Interest, told NBC, "Are they going to offer rebates to people who opt in, so their customers aren't paying for the privilege of 23andMe working with a for-profit company in a for-profit research project?" In essence, people are paying the site to make money off their information, with no recompense.
Additionally, despite what's written in the company's policy, "the problem with a lot of these privacy policies and Terms of Service is that no one really reads them," says Tiffany C. Li, a privacy expert and resident fellow at Yale Law School's Information Society Project. While users can opt to close their 23andMe accounts or retract their permission once it's given, the company emphasizes, "Any research involving your data that has already been performed or published prior to our receipt of your request will not be reversed, undone, or withdrawn."
Lastly, there's the possibility of information leaks. In June 2016, the DNA testing service MyHeritage announced that its database of 92 million accounts had been hacked. The depth of the breach only revealed encrypted emails and passwords, but the company was targeted because the premium on genetic data is far more valuable than credit card or bank information. Hackers could hold DNA data for ransom, according to Giovanni Vigna, co-founder of the cybersecurity company Lastline. He says, "This data could be sold on the down-low or monetized to insurance companies. You can imagine the consequences: One day, I might apply for a long-term loan and get rejected because deep in the corporate system, there is data that I am very likely to get Alzheimer's and die before I would repay the loan."
Ultimately, by submitting your genetic material to a company, you tacitly agree to share your identity and rights to your most private information. As Natalie Ram, a law professor in bioethics, says, "If there is data that exists, there is a way for it to be exploited.
Meg Hanson is a Brooklyn-based writer, teacher, and jaywalker. Find Meg at her website and on Twitter @megsoyung.
Fortnite and Intellectual Property: Who Owns Cultural Trends?
With three high profile figures filing lawsuits against the company for marketing their likeness, the video game phenomenon is challenging who owns choreography.
Epic Games' Fortnite is at the center of controversy surrounding copyright and the limits of intellectual property laws. With three high-profile figures filing lawsuits against the company for marketing their likeness, the video game phenomenon prompts a conversation about who owns culture.
The Battle Royale style game features customizable avatars, for which users can purchase "emotes," specific gestures or dance moves that avatars can perform in the game. The problem is that "emotes" are designed to appeal to millions of international users, with many replicating wildly popular dance trends and cultural icons. Select "emotes" are based on Snoop Dogg's "Drop It Like It's Hot" dance, Psy's "Gangnam Style," and Donald Faison's "Poison" dance from the US sitcom Scrubs.
Tenor
However, Fortnite's creators did not secure licenses to recreate these artists' likenesses in their game. But it's unclear under U.S. law whether or not a segment of choreography even qualifies for copyright protection. As highlighted by the Wall Street Journal, the U.S. Copyright Office's stance on choreography dictates that it "cannot register short dance routines consisting of only a few movements or steps with minor linear or spatial variations, even if a routine is novel or distinctive." They elaborate that "social dance steps and simple routines" are not protected by copyright "even if they contain a substantial amount of creative expression."
In fact, few dance moves have been successfully copyrighted. Michael Jackson was able to patent his impressive leaning move featured in the "Smooth Criminal" music video–but only because he invented the special shoe that makes it possible. Since each one of Fortnite's "emotes" is a short movement and not a creative song or dance of its own, copyright lawyers can't agree about whether or not infringement laws apply.
The first "emote" to challenge what constitutes copyright infringement is called "Swipe It," which replicates the dance move recognizable as the "Milly Rock." Its creator, rapper 2 Milly, born Terrence Ferguson, was the first to sue the game with allegations that Fortnite violates copyright law by selling his "signature" choreography. He told Rolling Stone, "My dance is my signature. Everybody would tell you, from here to Alaska, 'Hey, that's the Milly Rock.' I don't mind people doing it in their videos. What I do mind is when somebody takes what I created and sells it."
While the "Milly Rock" became a viral dance move in 2015, it isn't a full choreography set. Christine Lepera, attorney for music industry giants like Drake and Timbaland, argues that a single dance move is precluded from copyright infringement: "You cannot copyright certain dance moves that are generic. From what I've seen online, I've done these [Milly Rock] moves in hip-hop [dance] class for years — it's a pivot, heel-out, heel-out, and swing your arms."
Amino Apps
The second creator to file charges against Epic Games is Alfonso Ribeiro, best known for playing Carlton Banks on The Fresh Prince of Bel-Air. He alleged that the "emotes" called "Fresh" plagiarizes the "Carlton Dance," made famous by the beloved sitcom character Ribeiro played in the 90s. However, copyright lawyer Scott Alan Burroughs argues that an actor doesn't own his character's stylized, or "signature," movements, since the character is owned by the production company. Burroughs says, "[Ribeiro] created and performed that dance while acting on a television show he was a performer on, so it was likely 'work for hire' that belongs to the show's producers."
The third creator to file charges against the game is the mother of Russell Horning, a 17-year-old content creator on YouTube who popularized "the floss" dance. Again, Fortnite sells a "Floss" emote that the Hornings claim infringes upon their legal right to share in the profit made through dance move.
2048
But how much money does Fortnite make from selling "emotes?" For that matter, how does a game that's technically free to play earn Epic Games over $2 billion in 2018? When the Fortnite App launched on Apple's IOS in April, the game reportedly made $2 million a day, making history as the first to net over $1 billion by following a free-to-play model.
The secret–and the root of the controversy–is the game's profit from microtransactions. While all users can play the entirety of the game for free, they have the option of purchasing in-game currency, called "V-bucks," which allows players to customize their gaming experience. With an exchange rate of approximately 1 USD to 100 V-bucks, users are offered deals to spend anywhere from $2 to $20 on cosmetic skins, game modes for their characters, and, of course, dances. Michael Pachter, an analyst at Wedbush Securities, noted, "On the revenue side, [Fortnite has] done something that's really unique, which is come up with a perception of exclusivity." He added, "If you see another player in a leopard skin and go to the store and see it's no longer available, you think, Shoot, I've got to move on it next time."
All three complainants are represented by the law firm Pierce Bainbridge Beck Price & Hecht LLP. In addition to copyright infringement, the lawsuits allege violations of the rights to publicity, which are creators' rights to control and profit off any use of their likeness, name, or other distinct traits. David L. Hecht, the representative for 2 Milly, Ribeiro, and Horning, insists that his clients have exclusive rights to the cultural trends they've instigated, stating, "I will say you can absolutely copyright choreography, and you can leave it there." Whether U.S. law is in agreement with him is for a judge to decide in 2019.
Meg Hanson is a Brooklyn-based writer, teacher, and jaywalker. Find Meg at her website and on Twitter @megsoyung.
What Happens When the President Declares a State of Emergency?
The President can take control of your home, your money, and—worse—your internet in the event of a national emergency. Well, sort of.
In the past, Donald Trump has threatened to declare a "national emergency" in order to forcibly move forward with his plan for a $5.6 billion border wall. A state of emergency, designated for times of crisis and national instability, is meant to accelerate the government's political process in order to restore stability. When presidents declare national emergencies, the law provides hundreds of provisions that endow the commander-in-chief with "extraordinary authority" to make executive decisions without asking Congress for approval.
After the National Emergencies Act of 1976 (NEA), presidents must identify which specific powers they're asking to activate in order to address the designated emergency–which means selecting a few out of approximately 130 laws that grant special authorities to the President. Barack Obama invoked those powers 13 times over his eight years in the White House; similarly, George W. Bush did so 12 times over his two terms. One major dilemma with the NEA, however, is that it does not create a time limit within which a state of emergency must be resolved, allowing for various national emergencies to remain ongoing simultaneously (in 2017, there were 28 concurrent active emergencies). This, of course, allows the sitting President to hold "extraordinary authorities" for an indeterminate period of time.
Another yet greater shortcoming of the NEA is that it doesn't define what constitutes an "emergency," allowing a President to interpret current events–and the laws–in his own way. Alarmingly, the President doesn't operate under many limitations when it comes to defining and declaring a national emergency. Elizabeth Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, says, "There aren't a lot of legal limits on his ability to do that, frankly, even if there isn't a real emergency happening."
Over the course of Trump's first two years as President, he declared three events to be national emergencies, including the H1N1 influenza epidemic and a series of cyber-hacking activities that still technically constitute a national emergency to this day. Recently, Trump has openly called the US-Mexico border a crisis situation, saying, "We have a crisis at the border, of drugs, of human beings being trafficked all over the world, they're coming through . . . criminals and gang members coming through. It is national security. It is a national emergency."
So what happens when a President does declare a national emergency?
According to the Congressional Research Service, there are hundreds of specific provisions codifying what the president is allowed to do–and those powers are far-reaching and invasive into daily American lives. While "the vast majority of them are of the stand-by kind — dormant until activated," a state of a national emergency allows the President to: "seize property, organize and control the means of production, seize commodities, assign military forces abroad, institute martial law, seize and control all transportation and communication, regulate the operation of private enterprise, restrict travel, and, in a variety of ways, control the lives of United States citizens."
NY Times
What It Means:
1. Presidents can control funding
Trump could declare a national emergency in order to fund his wall. As Kim Lane Scheppele, a professor at the Center for Human Values at Princeton University, told Vox, "It could be that by putting together a lot of different sources of emergency authority, the president could tap a lot of different funds and at least start." With the above powers to seize property and commodities, as well as regulate means of production and private enterprises, the President could re-direct government funding away from ongoing military projects to fund the border wall. Last Friday, Trump told reporters, "I can do it if I want."
Technically, he's right. If Trump's administration can prove that the border wall is a "military construction," then using military funding would fall under the U.S. code for "Reprogramming During National Emergencies," which states that a President may "apply the resources of the Department of the Army's civil works program, including funds, personnel, and equipment, to construct or assist in the construction, operation, maintenance, and repair of authorized civil works, military construction, and civil defense projects that are essential to the national defense."
2. Presidents can control the internet.
Seizure and control of transportation and communication includes controlling all internet traffic, restricting access to information deemed security risks. Today, that could mean "impeding access to certain websites and ensuring that internet searches return pro-Trump content as the top results."
Ars Technica
3. Presidents can deploy troops to your neighborhood—easily.
4. Presidents can confiscate your property.
5. Presidents can forcibly relocate Americans.
Among the most notorious and regretful instances of Presidents declaring states of emergency is Franklin D. Roosevelt's use in 1941, months after Pearl Harbour was attacked. The above powers endowed the President to forcibly relocate more than 110,000 Japanese-Americans to internment camps. To retell it simply, the President instituted martial law along the east coast, forcibly transported U.S. citizens to the camps, confiscated their property, and restricted them from leaving or communicating with the outside world. Meanwhile, Roosevelt deployed the U.S. military overseas to enter World War II. 30 years later, the NEA was designed to prevent sitting Presidents from abusing declarations of emergencies, but with its vague language, much of the law remains to be tested in court.
Equal Justice Initiative
In total, lack of clarity in the NEA gives Trump the legal grounds to argue for emergency powers over the country. However, legal experts, as well as passionate congressmen, have been outspoken about fighting against the president if he were to push that agenda. After all, congress reserves the right to overrule a president's declaration if they can pass a resolution to do so in both the House of Representatives and the Senate. However, the President would need to sign the resolution; otherwise, congress would need a second majority vote to override his veto.
President Trump is due to give a national address Tuesday night at 9PM. While he is not expected to declare a national emergency, he is expected to urge the American people that the southern border constitutes a "humanitarian and security crisis" that urgently needs to be addressed. To Trump, that means building a border wall, even if it means prolonging what is already one of the longest government shutdowns in history, or perhaps even abusing executive powers.
Meg Hanson is a Brooklyn-based writer, teacher, and jaywalker. Find Meg at her website and on Twitter @megsoyung.
Top 5 Countries With the Most Freedom
Where are the freest places to live in terms of individual rights, economic freedoms, and political protections?
From "Brexit" to Brazil's election of Jair Bolsonaro, from Donald Trump's controversial stances to historic protests in the streets of Paris, political upsets and cultural shifts across the world have altered what it means to be a modern citizen. Interpretations of "liberty" and personal freedom will always vary between cultures and governments' ideologies, but where are the freest places to live in terms of individual rights, economic freedoms, and political protections, including social tolerance?
Evaluations of various countries' personal freedom in 2018 gave acute focus on freedoms of speech and religion and social acceptance of immigrants and ethnic minorities. According to reports from The Legatum Prosperity Index and Freedom House, the North American region showed overall gains in personal and economic freedom, while living in the Middle East and North Africa still present struggles in terms of safety and individual rights. Meanwhile, Northern European countries maintained historically high standards of civil liberties and political rights, accounting for six of the top ten "freest" countries.
1. Norway
League of Students
This country of over 5 million citizens has consistently earned the top ranking in various assessments of personal liberty. Norway was the first Scandinavian country to legalize same-sex marriage, and men and women are guaranteed parity by law, from education and healthcare to social services and labor. Offering the 4th greatest access to education and healthy social capital, living in Norway combines economic freedoms with guaranteed freedoms of press and religion. In addition, residents enjoy arguably the safest and most secure protections against foreign threats and crime.
2. New Zealand
Culture Trip
New Zealand tops assessments of economic freedom in terms of social capital and business environment. Historically free of corruption, the Parliament's democratic elections represents its 4.7 million citizens in a multi-party system. In addition to protecting political freedom, the government prioritizes civil liberties for its citizens, particularly freedoms of free speech, press, and religion. For instance, same-sex marriage has been legal in Norway since 2009, and Parliament has been approximately 50% women since the 1980s.
3. Finland
Old Town pier in Helsinki, FinlandLonely Planet
With top rankings in education and governance, Finland also protects political freedom with multi-party elections and anti-corruption legislation. In terms of social parity, women enjoy a "high degree of equality" and traditional courtesy." In fact, in 1906 Finland became the first European country to extend suffrage to women. Due to ample civil liberties protections, Finland was described by Forbes as the "happiest country in the world," drawing a high number of immigrant residents among its population of 5.5 million.
4. Switzerland
Wanderable
As a country that relies on direct democracy, Switzerland extends political freedom to 8.4 million residents through regular public referendums and a governing coalition of four political parties. Switzerland also offers excellent access to education and economic freedom. Same-sex marriage has been legal since 2007, and Switzerland has been described as one of the best countries for immigrants, with younger generations displaying an open attitude towards immigration.
5. Denmark
Denmark protects economic freedoms with strong opportunities for social capital with open-market policies. The government historically protects freedoms of expression and association, guaranteeing freedoms of press and speech under its constitution. Denmark was the first country in the world to recognize same-sex unions in the form of registered partnership. In 2012, same-sex marriages were legalized. Additionally, in 2016 the US News and World Report named Denmark the "best country in the world for women," citing gender equality, income quality, safety, and progressiveness.
While the U.S was #17 in The Legatum Prosperity Index's rankings (and #58 according to Freedom House), "freedom" remains a moving target that changes its appearance with each era. While many Scandinavian countries have offered exemplary
personal freedom protections to its citizens, shifting politics are changing the legal landscape that defines "freedom." For instance, while Finland legalized same-sex marriage in 2017, the country is still working to abolish the dark shadow of 1970s discriminatory laws, including forced sterilization for transgender people applying for sex reassignment surgery. In Switzerland, security measures passed in 2017 endow the government with heightened powers of surveillance of suspected terrorists, which critics say unfairly target new waves of immigrants.
Other countries to make the top 10 include (in order of ranking): Sweden, the United Kingdom, Canada, Netherlands, and Ireland. But as modern trends of immigration and growing awareness of LGBTQIA issues have outlined, even the "freest" countries can still improve.
Meg Hanson is a Brooklyn-based writer, teacher, and jaywalker. Find Meg at her website and on Twitter @megsoyung.