What is President Trump authorized to do if he declares a state of emergency at the southern border? That’s a great question. And if you want an honest and truthful answer to that question, the one person you should not ask is Fox News’ senior “judicial analyst” and ardent Trump-hater Andrew Napolitano. (Seriously, why does this guy still have a job?)
Fox & Friends had a discussion on this interesting question and invited Napolitano on to explain the laws to America. Which Napolitano totally botched. We know this because we were just reviewing the laws in question ourselves. Here’s one thing that Napolitano does get right: President Trump can’t seize property through eminent domain in order to build any sections of the wall. This might honestly be a moot point, however. Many of the ranchers on the border are the ones whose families have been asking for a wall for the past 100 years.
Aside from that, Napolitano gets literally everything else wrong about the black letter of the law when it comes to the declaration of a national emergency. The good news for America and the bad news for Napolitano & the open borders lunatics is that Trump can declare a national emergency and he can use already-appropriated military construction funds to do it. No new law from Congress is required! Don’t take our word for it — look the law up for yourself after you watch the video below.
