A Real Emergency: What the President’s Invocation of a National Emergency Could Mean for Our Constitutional Order

On Friday, January 11 at 3:00pm, ACS hosted a discussion on the legal and policy implications of the administration’s proposed actions.

As the government shutdown drags on, President Trump prepares to declare a national emergency, arguing that there is an immigration crisis at the southern border that authorizes him to fund and build a wall, despite the lack of congressional approval. What is the controlling law regarding the declaration of national emergencies, and what is the scope of the President’s emergency powers? Do they depend on whether there really is an emergency, and if so, who determines that? What is the mechanism by which such a wall could be built, and what legal limitations apply?

Featured Speakers:

Cristina Rodriguez, Leighton Homer Surbeck Professor of Law, Yale Law School
Stephen I. Vladeck, A. Dalton Cross Professor of Law, University of Texas School of Law
Caroline Fredrickson, ACS President, Moderator