National Emergencies And The Limits Of Executive Power
President Donald Trump will address the nation this evening to talk about what he calls “the Humanitarian and National Security crisis on our Southern Border.”
Is there a crisis at the southern border? The New York Times reports:
The number of people crossing the border unlawfully is far down from its peak of nearly two decades ago. The recent caravans from Central America primarily consist of migrants who are not trying to sneak across the border but instead are presenting themselves to border officials and requesting asylum.
The White House has also suggested that the president could declare a national emergency to garner funding for the wall without getting approval from Congress. And The Times notes that it “probably” doesn’t matter if there’s no actual crisis when it comes to declaring a national emergency.
So can the president get funding for the wall without Congressional approval? We’re unpacking the legal arguments for and against that process.
Mark Tushnet, Law professor, Harvard Law School.
Matthew Dallek, Associate professor of political management, Graduate School of Political Management at The George Washington University; author of “Defenseless Under the Night: The Roosevelt Years and the Origins of Homeland Security”
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