Re(1): On Trump's Declaring a National Emergency over the Border wall Posted on 1/25/2019 at 12:19:46 by Bill Crawford, (14)
With the talk re-surfacing about Trump's declaring a National Emergency in order to fund his border wall, I took another look at the possibility of such a declaration being challenged in the courts.
Taking another look the Supreme Court's overruling Truman's declaration of a National Emergency.
This all happened before the passage of the National Emergencies Act of 1976, which authorized the President to declare such an emergency, based upon his own criteria for declaring the emergency. As ultimately amended two years later, the law requires Congress to overrule the President by legislative action; with the matter ultimately having to be decided by a veto-proof vote in both houses.
So--it looks like the declaration of a National Emergency is a way for Trump to move forward in this matter.