To Fight Trump's National Emergency, Democrats Will Rely on a 67-Year-Old Legal Precedent

“Congress has opposed the wall being built based off of its unwillingness to enact legislation or divert money to build a wall,” said Gerald S. Dickinson, a Pitt assistant professor of law. “We know that the intent behind the National Emergencies Act was not to allow a president to use it for frivolous or partisan purposes,” but legislative intent does not offer a full picture of what is constitutionally permitted.

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