George Washington University law professor Jonathan Turley says President Donald Trump has the authority to declare a national emergency for the border wall.
“I happen to agree that an emergency declaration to build the wall is unwise and unnecessary,” he wrote in a column posted by The Hill on Tuesday. “However, the declaration is not unconstitutional.
“The 1976 National Emergencies Act gives presidents sweeping authority, including an express allowance to declare an ‘immigration emergency’ to deal with an ‘influx of aliens which either is of such magnitude or exhibits such other characteristics that effective administration of the immigration laws of the United States is beyond the existing capabilities’ of immigration authorities ‘in the affected area or areas.”
He said Trump “must notify Congress of his declaration and detail the powers being claimed under the law.”
And Turley added: “Congress can and should negate the declaration with a vote of both chambers.”
But he added ‘that does not make the declaration unconstitutional.”
He conceded there are “compelling arguments against funding “the entire wall.” But he noted some border barriers are clearly needed.
“However, one can oppose an emergency declaration without claiming it is facially unconstitutional,” he said. “It is not.”
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