Executive orders are meant to clarify the implementation of legislation vis a vis how the President believes it was meant to be implemented when Congress passed it, or how legislation should be implemented vis a vis the Constitution. "We are co-equal branches of government, and he is trying to do a type of executive overreach that is just uncalled for", said Duckworth.
Shanahan said the department had been preparing for weeks for a potential emergency declaration. Congress has never defined a national emergency in the National Emergencies Act of 1976, which has previously been invoked many times without a single successful legal challenge.
"In this case, there's a lot of questions as to whether or not this constitutes a national emergency".
"You don't know what you don't know, and you don't catch what you don't catch", Miller said.
"Whatever your politics, every American should worry about President Trump's attempt to bypass the U.S. Congress by inventing a national emergency".
Miller said that by September 2020, "hundreds of miles" of new barriers will have been built along the border.
"This (illegal immigration) is a threat in our country ... and if the president can't defend this country, then he cannot fulfill his constitutional oath of office", he added.
Trump is unrepentant. An emergency declaration in many ways is a neat political device that allows him to move on from his defeats in Congress over the wall. "But frankly, I think there's enough people in the Senate who are concerned that what he's doing is robbing from the military and the DOD to go build this wall".
And now since Donald Trump has finally converted the threat into reality by declaring national emergency, it will bring legal and legislative challenges. "He certainly would have a good shot at winning at the Supreme Court", Hewitt said. "So this is going to be a moment of truth for my GOP colleagues".
The power of the purse is also repeatedly invoked in the complaint. It will not be a separation of powers anymore, just a separation of parties.
"This is an emergency".
Miller complained that President George W. Bush failed to protect American citizens against immigrants crossing the border illegally.
Donations have been slow this month and we urgently need everyone reading this to take a moment to help us continue our work.
And we also know what an emergency is and this ain't it, chief.
Within hours of Trump's statement, the American Civil Liberties Union announced it would file suit challenging his emergency powers declaration.
Beyond that, though, the law doesn't say what constitutes a national emergency or impose any other limits on the president. "We're nearly in uncharted territory".
The Brennan Center said that statutory powers 10 U.S.C. 2808 (a) and 33 U.S.C. 2293 might offer some legal cover for the president's wall-building ambitions.
"Sadly, we'll be sued and sadly it will go through a process and happily we'll win, I think", said Trump.
Trump promised during the 2016 campaign that Mexico would finance a border wall.
Justice John Roberts, writing for the majority, said, "The President then issued a Proclamation setting forth extensive findings describing how deficiencies in the practices of select foreign governments-several of which are state sponsors of terrorism-deprive the Government of "sufficient information to assess the risks [those countries" nationals] pose to the United States'". "Now, whether we have enough for an override and veto, that's a different story".