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

For all the legal analysts wringing their hands at the prospect of such a move, the courts would likely uphold it.

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. I wanted to take the opportunity to further explain my defense of Trump’s legal authority in response to David’s excellent points.

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