Yes an no. Congress needs to put their big boy and big girl pants on and do their job. For too many administrations now they have abdicated their powers to the Executive. So no problem with Trump making the declaration (it is his right), but that should be immediately faced with Congress applying their checks and balances to thwart its implementation.

There is a law and he has broad authority. The crux comes in defining the "act faithfully and honestly" qualifiers. Are the justifications to act just a fig leaf or is he wearing boxer shorts and a 3 piece suit. I encourage reading article by Erica Newland in today's Wapo. A lawyer just recently from the Office of Legal Counsel.

Yes, I read that. Assume you mean this.

She doesn't paint the president in a very favorable light. But I agree it's the most likely way forward from this point, allowing both sides to save face by letting the courts decide the matter.

Still think that if we ever got to the point of bulldozers moving in on private Texas properties, there could be some notable stand-offs.

Yes that is the article. I had to chuckle though. The print copy title was "Alibis are not the Office Of Legal Counsel's job" The online title goes just a bit towards selling more ads. But that is an aside.
If one compares all previous Presidential applications of the National Emergency authorizations with this one, then this one comes out as big loser. Invoking it might just be writing his own first article to impeach.

So, will the next President declare a "Climate Change Emergency" or a "Health-Care Coverage Emergency"? This ends well....

I would hope, whether democrat or republican, our next president would not be as moronic to consider such lunacy. Yep. If emergency is declared, precedent would be set and down a slippery slope we go that bottoms out rather abruptly and not well.

Or one could have restored faith that Congress will amend the statute to prevent abuse and squash future Chicken Little Presidents.

There is a bucketful of potential irony here. Trump and the Republicans (Democrats before them) just jumped all over past abuses of power by the president. If Trump continues down this reckless path of abuse, he may well reestablish the proper balance of power between the congress and the president. To this end I say, Good on you Donald, keep up the good work.

Of course I was being sarcastic. Anyone who supports a declaration of a national emergency for this situation is a complete moron, and should first take their copy of the constitution and chuck it in the fire.

https://www.newyorker.com/news/daily-comment/can-donald-trump-invoke-emergency-powers-to-get-his-wall


Luckily, it seems that enough people are becoming aware of potential for abuse.