Presidential Power

Trump’s emergency declaration, John Yoo’s take

Featured image Over the weekend, I linked to Jack Goldsmith’s article on President Trump’s use of national emergency power to come up with the money to build more border fencing. Goldsmith took no position at this early date on the legality of Trump’s move. However, his initial view is that hysteria over it is misplaced and that Trump’s legal position is plausible. John Yoo goes further. He finds that the law is »

Hold the hysteria over Trump’s emergency declaration

Featured image President Trump’s decision to declare a national emergency and move funds around to pay for more wall building is certain to be challenged in court. The case almost surely will arrive at the Supreme Court. When it does, Trump may not have five votes. Chief Justice Roberts, and conceivably others among the five center-right Justices, may be quite skeptical of this use of executive power as, indeed, are a number »