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If Presidents are allowed to declare national emergencies in the absence of emergency, we will have transitioned to a fundamentally different form of government than that which the US Constitution established.
Emergency powers were established to allow the President to act when events were moving too fast for Congress to develop policy in a timely fashion. The border issue is old and not evolving rapidly. Thus, there is no emergency. There is only policy difference.
Congress can terminate any Presidentially declared national emergency by passing a joint resolution. In fact, the law requires both houses of Congress to meet to consider such a joint resolution every six months after declaration of an emergency. http://uscode.house.gov/view.xhtml?path=/prelim@title50/chapter34&edition=prelim …
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