President Trump’s threat of a national emergency declaration to get money to build his promised southern border wall would be an example of unconstitutional executive overreach if he were to follow through. This bill would make it impossible for Trump to use a national emergency to get his border wall, taking away the reasons for him to declare a national emergency.
Presidents have the right to declare a national emergency and marshal resources to protect America’s national security. This includes declaring a national emergency to build a border wall. Passage of this bill would eliminate an important tool in the presidential toolkit and may not be constitutional.