Re(1): On Trump's Declaring a National Emergency over the Border wall


In a strict Constitutional sense, Trump does not have this power. Article IV, Section 4 states: “The United States shall guarantee to every State in the Union a Republican Form of Government and shall protect each of them against Invasion; and on Application of the Legislature, or the Executive (when the Legislature cannot be convened) against domestic Violence.”
Article I (Legislative), Section 8 states (inter alia): “The Congress shall have power….(para. 15) To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;…”

Thus, Trump’s demand for a “Wall” seems unfounded. His best tactic would be to declare that the assault of illegal immigrants on our borders is a de facto invasion and demand that Congress perform their sworn Constitutional duty. Maybe that would force the Democrats and the Republicans put their heads together and decide to erect a "Wall."


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