The Law Will Be on Trump’s Side If He Declares an Emergency to Fund His Wall

It seems increasingly likely that President Trump will declare a national emergency at our southern border in order to access funds to build a wall. Last week, I had the pleasure of debating National Review’s very own David French on the legality of such a move in a Federalist Society-sponsored tele-conference. David and I agree that Congress has not placed any serious limits on the president’s power to declare an emergency and that the Supreme Court was unlikely to second-guess him.

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