![]() But that is merely the beginning of the inquiry. Under the National Emergencies Act of 1976, presidents have broad authority to declare a national emergency. Will it get him what he wants? It should not. Jessica Levinson, law professor, Loyola Law SchoolĬan President Trump declare a national emergency? Absolutely. Their responses, lightly edited for clarity, are below. The consensus seems to be that while there is enough ambiguity in the law to permit Trump to declare an emergency, his decision to circumvent Congress and use the military to build a wall will very likely lose in court. I reached out to 11 legal experts and asked them to assess the president’s prospects. ![]() Now there are at least two pressing legal questions: Does Trump have the constitutional authority to do this? And will his declaration survive the challenge it will likely receive in the courts? The president has hinted for several weeks that this option was on the table, but it was never clear if he would actually go through with it, in part because it sets a dangerous precedent and will almost certainly be challenged in the courts.īut the president failed to strike a deal with Democrats that would give him the $5 billion he wanted to build the wall, so here we are. President Donald Trump just declared a national emergency in order to bypass Congress and fund his wall on the southern border. ![]()
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