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Immigration,
Government,
Constitutional Law

Jan. 31, 2019

Congress should clarify what constitutes an ‘emergency’

Federal law establishes a procedure for the president to declare a national emergency — but it doesn’t saw what an emergency is.

John H. Minan

Emeritus Professor of Law
University of San Diego School of Law

Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.

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Congress should clarify what constitutes an ‘emergency’
President Donald Trump views border wall prototypes in San Diego last March. (New York Times News Service)

President Donald Trump's insistence that Congress fund his "big beautiful" wall along the border with Mexico forced the nation to bear the adverse effects of the 35-day government shutdown. The shutdown was plainly a terrible idea. Since then, Trump has publicly doubted that Congress will deliver a border security deal, which includes funding for the wall, that he can accept. Although another shutdown is possible, the more likely possibility is his declaration of a na...

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