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We the People

Can the President Declare a National Emergency to Build the Wall?

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 10 January 2019

⏱️ 55 minutes

🧾️ Download transcript

Summary

President Trump and congressional Democrats remain at an impasse over a White House proposal to fund the construction of a southern border wall. The president has said that if Congress decides not to appropriate the funds, then he will “probably” declare a national emergency to circumvent Congress and build the wall. On this episode of We the People, we ask: what would happen if the president decided to declare a national emergency and divert military funds to build the wall? What statutes could he rely on? And would such an action be constitutional? Host Jeffrey Rosen and constitutional law experts Mark Tushnet of Harvard Law and Sai Prakash of University of Virginia Law explore the constitutional clauses, cases, and laws at issue in this hotly contested debate, including the Take Care, Appropriations, and Takings Clauses of the Constitution, the Youngstown Sheet & Tube Co. v. Sawyer case, and the National Emergencies Act of 1976 and related statutes.   Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0

I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome

0:10.5

to We The People, a weekly show of constitutional debate.

0:14.0

The National Constitution Center is a nonpartisan nonprofit chartered by Congress to increase awareness and understanding of the Constitution among the American people.

0:25.0

President Trump and House Democrats are at an impasse about White House proposal

0:30.0

to build a wall on the southern border and President Trump has talked about the possibility

0:38.0

of issuing a order declaring a national emergency to build a wall.

0:44.4

On this episode of We the People, we ask what would happen if the President decides to declare a national emergency and divert military funds to build a wall?

0:52.4

What statutes could he rely on and would... and divert military funds to build a wall?

0:52.9

What statutes could he rely on and would this action violate the Constitution?

0:58.7

Here to illuminate the statutory and constitutional arguments on all sides are two Americans leading constitutional scholars. and I'm

1:05.0

I'm thrilled that they've agreed to join us.

1:08.0

Cy Prokash is James Monroe Distinguished Professor of Law at the University of Virginia Law School.

1:14.0

He is the author of Imperial From the Beginning, the Constitution of the original Executive, and a

1:20.4

contributor to the Interactive Constitution's Article II explainers on the vesting clause and the take-care-claws, which, dear we the people listeners, please check out after the show.

1:30.0

Sigh, thank you so much for joining.

1:32.0

Great to be here, Jeff.

1:33.2

And Mark Tushnet is William Nelson Cromwell Professor of Law at Harvard Law School.

1:38.4

He is one of America's leading constitutional scholars, author of the leading case book on constitutional law, which I have the pleasure of using

1:46.3

when I teach constitutional law.

1:47.6

And his most recent book among many

1:49.6

is The Constitution of the United States of America,

1:52.7

a contextual analysis.

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