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.
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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.
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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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