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https://www.dailywire.com/news/41987/trumps-considering-declaring-national-emergency-ben-shapiro
I support the wall, but I'm having second thoughts about the emergency declaration.On Wednesday, the day after a national address in which he laid forth his case for building a border wall and refusing to sign a budget without one, President Trump suggested openly that he might in fact simply declare a national emergency with regard to the border and order the Defense Department to redirect funds toward the building of a border wall.
Trump stated, “I have the absolute right to do national emergency if I want…my threshold will be if I can’t make a deal with people that are unreasonable.” Trump would presumably invoke 10 USC §2808 or 10 USC §284 in order to declare a national emergency. Under 10 USC §2808, the president may “In the event of a declaration of war or the declaration by the President of a national emergency in accordance with the National Emergencies Act,” undertake “military construction projects, and may authorize the Secretaries of the military departments to undertake military construction projects, not otherwise authorized by law that are necessary to support such use of the armed forces.”