Can the President Use Emergency Powers to Build the Wall?

This episode features a lively debate exploring the question: Does President Trump have the constitutional and legal authority to use emergency powers to build a border wall? Our debaters are: Rich Lowry, editor of National Review, who voiced his support for the wall as a policy matter but argues the president acted illegally and unconstitutionally by unilaterally declaring a national emergency to fund the wall’s construction using various prior appropriations. Lowry debates Jonathan Turley, a professor at George Washington Law School and a nationally recognized legal commentator, who disagrees with the president’s immigration policy but believes President Trump acted constitutionally and within his delegated statutory emergency powers. In their debate, Lowry and Turley dive into the scope of presidential emergency powers under the law and the Constitution,  the conflict with Congress over the president’s recent national emergency declaration committing federal funds to building the wall, and the historic and proper role of the U.S. military in the border conflict. National Constitution Center President and CEO Jeffrey Rosen moderates. 

Questions or comments about the show? Email us at podcast@constitutioncenter.org.