Trump will be resoundingly defeated in court if he declares a national emergency (because there is none).

1) None of his claims of a crisis hold up to any scrutiny.

2) Congress is in session.

3) He hasn't finished using the money available for fencing.

4) The humanitarian issues at the border are Trump's own making.

The government will still need to be re-open!

He will be weaker than ever after being struck down, and Republicans will be on record for supporting giving the President tyrannical powers and abdicating their role in Congress.

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windinhishair · 61-69, M

There is also legal precedent. President Truman tried to seize control of steel mills that were on strike as a national emergency. The Supreme Court denied his actions. That was much more a crisis than Trump's manufactured crisis, and will almost certainly be struck down if he attempts it.

SW-User

@windinhishair Good point. I wonder if Trump will be stupid enough to use the Court holding-up FDR's internment camps as precedent.

windinhishair · 61-69, M

@SW-User Nothing, absolutely nothing, would surprise me any more.

MistyCee

@SW-User It probably is the case most on point, and invoking it send a signal to his base.