/ Modified mar 1, 2019 3:43 p.m.

Trump's Emergency Declaration at Border Likely to Face Challenges

A discussion with constitutional law expert Robert Glennon.

This week, the House of Representatives passed a resolution to block President Trump's emergency declaration at the border. The Senate also took steps to vote on the same measure. Since the president declared an emergency to build more barriers, many have questioned his authority to do so. Constitutional law expert and UA James E. Rogers College of Law professor Robert Glennon offered insight on the issue.

In 1976, Congress passed the National Emergencies Act, giving presidents the authority to declare emergencies.

"The problem is that in that act, Congress didn't define what an emergency was. So, it's really wide open," Glennon said. "Everyone admits there's a problem at the border. What kind of problem, how we should deal with it, is a different thing. But there is a problem. I don't see a court overturning his decision that there's an emergency."

According to Glennon, the declaration is likely to face a legal challenge from Congress should the president try and allocate funding from other sources to construct a border wall.

"There's a very powerful argument that what he's done is directly contrary to what the consensus agreement achieved, meaning the Senate and House fought long and hard over what to appropriate; how to protect the border; they made some decisions. He just doesn't like them. I think the courts will be very protective of Congress," Glennon said.

Arizona 360
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