While it’s uncertain whether President Donald Trump will declare a national state of emergency, doing so wouldn’t be unprecedented, as the U.S. still operates under 31 such orders.
Whether his actions would be warranted, or legal, is also hotly debated.
Trump renewed his threat Thursday, saying he would almost “definitely” declare a national state of emergency if a deal isn’t reached with Democrats in Congress to end a stalemate over funding a U.S.-Mexico border wall. The federal government shutdown caused by the dispute is now in its 20th day.
“If this doesn’t work out, probably I will do it,” he said in comments to reporters before leaving the White House for a trip to the border.
Trump made the same threat over the weekend.
Invoking a state of emergency effectively enhances the president’s executive powers by creating exceptions to the usual rule of law. This authority is intended for the president to quickly respond to matters deemed a public threat. In such times, ordinary laws and civil protections no longer apply.
The New York Times described Trump using his emergency authority to build a border wall as an “extraordinarily aggressive move,” adding that it would be, “at a minimum, a violation of constitutional norms.”
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