Despite what his critics are saying, President Trump has a legal right to declare an emergency to get his wall, according to a legal analyst.
President Trump has the constitutional and legal right to invoke his emergency powers to divert funds to build a wall along the southern border without running afoul of the Constitution or the law, according to top legal analysts.
“The short answer to 'Can he do it?' is yes and 'Can he get way with it?' is probably yes, actually,” Kim Lane Scheppele, a professor at Princeton University’s Center for Human Values, told the Washington Examiner.
“We sort of think we live in a constitutional government in which all powers have some kind of legal constraints, but the way that the emergency powers in the U.S. are written and the history of their use indicates that basically, there is not much of a constitutional constraint on the use of presidential emergency powers,” she said.
The president is demanding that legislation to reopen the federal government include $5.7 billion for a wall, a request congressional Democrats oppose, and has indicated he would declare a national emergency if he and Democrats were unable to reach a deal.
“I have the absolute right to declare a national emergency. I haven’t done it yet. I may do it,” Trump told reporters Thursday before his trip to visit the southern border. “If this doesn’t work out, probably I will do it. I would almost say definitely.”