INSULATING CONTRACTORS FROM NATIONAL EMERGENCIES IN THE CONTEXT OF NATIONAL SECURITY.

This Note discusses issues related to the National Emergencies Act, Title 10 of the United States Code, and the Federal Acquisition Regulation (FAR) through the lens of public procurement. Focusing on President Trump’s national emergency on the Southern border, this Note will discuss the background of government exceptionalism in public procurement, the President’s national security powers through the lens of Youngstown Sheet & Tube Co. v. Sawyer, especially in the context of a national emergency, and the processes of the construction of, and later termination of, contracts related to the construction of the wall. This Note will then propose three solutions to protect government contractors from being terminated for convenience: amend the National Emergencies Act, Title 10 of the U.S. Code, and the FAR. [ABSTRACT FROM AUTHOR]