Fox News' Napolitano warns if Trump builds his wall via emergency powers, 'he's not a president, he's a prince'
President Trump is considering declaring a national emergency to build his border wall using certain Pentagon funding, and he will make his case publicly on Tuesday night that there's a crisis at the southern border serious enough to justify such a drastic move. There's broad consensus that Trump could declare an emergency, that it would be met with an immediate court challenge, and that the political fallout would be swift and severe. "We will oppose any effort by the president to make himself a king and a tyrant," Rep. Jarrold Nadler (D-N.Y.) said Monday. "The president has no authority to usurp Congress' power of the purse."
"Trump's leading allies on the right, such as Fox News host and presidential confidant Sean Hannity, have spoken encouragingly about the prospect and emboldened Trump in recent days," The Washington Post reports. But Fox News senior judicial analyst Andrew Napolitano sided with Nadler. Trump has no right to do this, Napolitano told Fox Business host Maria Bartiromo on Monday. "That's not me saying no," he added. "The Supreme Court has made it very clear: Even in times of emergency, the president of the United States of America cannot spend money unless it's been authorized by the Congress."
"I think this is a bargaining technique," and Trump, "the master bargainer," believes the Democrats "will blink first," Napolitano said. "But when push comes to shove, this 'declaring an emergency and spending money however I want' is not going to happen."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
"The president has valid emergency authorities in a time of a true emergency, but he can't spend money and he can't take property unless the Congress has authorized it — that's directly from the Constitution," Napolitano told Fox News' Martha MacCallum on Monday night. "Otherwise he's bypassing the Congress and he's not a president, he's a prince." Trump "may be biting off more than he can chew here legally and financially," Napolitano added. "He is clearly in dangerous waters constitutionally."
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
'The House under GOP rule has become a hostile workplace'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
The Shohei Ohtani gambling scandal is about more than bad bets
In The Spotlight The firestorm surrounding one of baseball's biggest stars threatens to upend a generational legacy and professional sports at large
By Rafi Schwartz, The Week US Published
-
Feds raid Diddy homes in alleged sex trafficking case
Speed Read Homeland Security raided the properties of hip hop mogul Sean "Diddy" Combs
By Peter Weber, The Week US Published
-
Trump gets $289M break, first criminal trial date
Speed Read The former president's fraud bond has been reduced to $175 million from $464 million
By Peter Weber, The Week US Published
-
US-Israel rift widens after UN cease-fire resolution
Speed Read The U.S. declined to veto a U.N. resolution calling for a two-week "immediate cease-fire" in Gaza
By Peter Weber, The Week US Published
-
New Jersey first lady exits race to replace Menendez
Speed Read Tammy Murphy dropping out paves the way for Rep. Andy Kim to become the state's next senator
By Peter Weber, The Week US Published
-
Russia blames Ukraine for deadly ISIS Moscow attack
Speed Read Putin has ignored the Islamic State's claim of responsibility for the concert hall shooting
By Peter Weber, The Week US Published
-
Trump-RNC pact puts Trump legal bills ahead of GOP
Speed Read The former president has struck a deal with the Republican National Committee to put donations toward his legal bills
By Peter Weber, The Week US Published
-
Vietnam president resigns amid scandal
Speed Read Vietnam loses its second president in two years as Vo Van Thuong steps down
By Peter Weber, The Week US Published
-
Texas migrant law in limbo after Supreme Court OK
Speed Read The law has been blocked again, mere hours after the Supreme Court allowed the state to arrest migrants
By Peter Weber, The Week US Published
-
Cubans rally for 'power and food' in rare protests
Speed Read The protests came after 18-hour rolling blackouts and food supply shortages
By Peter Weber, The Week US Published