A national emergency over the Mexico border wall would likely face an exhaustive legal challenge, however, as its constitutionality remains unclear, The Independent reported on Friday.
Donald Trump agreed on Thursday to sign a spending bill that does not include finance for the wall. The bill ended two months of deadlock which led to an unprecedented long 35-day government shutdown. The point is The National Emergencies Act contains a clause that allows Congress to terminate the emergency status if both houses vote for it – and POTUS does not veto.
Under the law, the resolution would however still require Donald Trump’s signature to pass, allowing him to veto it. A supermajority in both houses of Congress is needed to overturn a presidential veto.
The White House Press Secretary Sarah Sanders said in a statement on Thursday that Donald Trump is once again delivering on his promise to build the wall, protect the border, and secure the United States. She added as well President would “take other executive action – including a national emergency – to ensure we stop the national security and humanitarian crisis at the border”.
In a speech on the US Senate floor, Minority Leader Chuck Schumer railed against Trump’s national emergency threats, calling it a “tremendous mistake and a “lawless act.”