President Trump will declare a national emergency as early as Friday to bypass Congress and build his long-promised wall along the nation’s southwestern border even as he agreed to sign a spending package that does not finance it, White House officials said Thursday.
The announcement came just minutes before voting began on the spending measure, which then cleared both houses, ending a two-month war of attrition that closed much of the federal government for 35 days and threatened a second shutdown on Friday. The Senate passed it 83 to 16, and the House followed later in the evening, 300 to 128.
But if he declares a national emergency to access billions of dollars for his wall, Mr. Trump could instigate a constitutional clash over who controls the federal purse and test the bounds of presidential authority in a time of divided government. Democrats and some Republicans instantly condemned the move, with some vowing to challenge it through legislation and lawsuits.
I expect this to find its way to court, but given that 5 of the 9 Supreme Court justices are big supporters of the “Unitary Executive Theory” when the President is a Republican, so I expect another corrupt 5-4 decision supporting Trump.
Don’t worry about checks and balances though, they will reverse themselves as soon as a Democrat is back in office.