State attorneys general: Donald Trump's national emergency declaration is constitutional
In declaring a state of emergency, President Trump is using pre-existing statutory authority to address a legitimate crisis, say attorneys general from Texas, Indiana and Louisiana.
President Donald Trump’s emergency declaration is a proper use of executive power to protect our country’s borders and keep Americans safe.
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Obama unlawfully used executive power
As state attorneys general, we are the chief legal officers of our states, with the duty to defend our sovereigns from federal overreach. We have been quick to challenge executive actions that exceed the president’s lawful authority.
President Trump’s emergency declaration to address the crisis at the southern border is much different than the kinds of executive action we challenged in the past. Unlike President Barack Obama, who unlawfully used executive power to create new laws or rewrite laws Congress enacted, President Trump is lawfully using executive power to address a crisis worsened by congressional inaction. That is a stark difference but not the only one: This use of executive action is part of the core duties of the president — to protect the borders of our country. In doing so, he properly invoked power that Congress expressly granted him to deal with a national crisis.
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https://www.usatoday.com/story/opinion/2019/03/14/donald-trump-border-national-emergency-declaration-constitutional-attorneys-general-column/3153552002/