February 15, 2019

Bypassing Congress in the Name of National Security: Trump’s “National Emergency” Declaration


In an attempt to bypass Congress, President Trump has announced that he will declare a national emergency to fulfill a campaign pledge and build a wall on the southern border, all allegedly in the name of national security. Listen to the discussion, held following President Trump's press conference, to learn what this means, what litigation might be possible, and whether or not this will actually protect our national security.


Mary McCord, Senior Litigator from Practice at the Institute for Constitutional Advocacy and Protection and Visiting Professor of Law at Georgetown University Law Center

Peter Shane, Jacob E. Davis and Jacob E. Davis II Chair in Law, The Ohio State University Moritz College of Law

Debra Perlin, ACS Director of Policy and Program, moderator


Related resources:

If Trump Takes Unilateral Action on Wall, Constitutional System Will Be Tested, Chris Edelson, ACSblog

What President Trump's Invocation of a National Emergency Could Mean for Our Constitutional Order, ACSblog and Briefing Call