Ever since the president declared a national emergency last week, many left-wing organizations, individuals, and even states have sued to stop the emergency declaration, saying the president does not have the authority to override Congress in acquiring funds for his border wall. But when asked on NPR, one constitutional professor said Trump will prevail in court.
According to Breitbart News, Liberal law professor Jonathan Turley from George Mason University explained the legalities of this case against the president to host Lulu Garcia-Navarro.
“We just heard about one lawsuit being brought against the president by landowners and other stakeholders along the southern border,” Garcia-Navarro said. “Do they have a case?”
“Well, they have a case,” Turley began, “but I’m afraid I don’t believe they have a particularly strong case.”
The National Emergencies Act, enacted in 1976, gave the president “virtually unfettered authority,” Turley explained.
“In fact,” Turley continued, “it really doesn’t even define what an emergency is.”
The only thing Congress can do at this point, according to Turley, is to challenge the funding Trump is going to use or challenge the act itself.
However, the professor pointed out that challenging the funding might be
“a long row to hoe because [Congress] gave the president over a billion dollars and he’s now identified at least three sources of largely undedicated funds that he can use.”
Congress could rescind the act, Turley explained, with a majority in both chambers, but the president could still veto Congress’ decision.
“So you do need a supermajority,” Turley said. “And the odds are they probably don’t have the votes for that.”
When asked for a prediction, Turley became incredibly blunt.
“I think that he’s going to prevail,” Turley said. “And if they challenge him on his right to declare an emergency, I think that will be a spectacular failure.”
The president got over a billion dollars for his wall in the recently passed spending bill, and with this emergency declaration, the president will receive about $8 billion. If everything works out in President Trump’s favor, he will have enough money for hundreds of miles of border wall. However, there is going to be Democratic opposition the entire way. This could also be a move to help the president’s reelection chances, as his 2016 campaign was centered around a border wall with Mexico, among other things.