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."
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.
-
RFK Jr.'s focus on autism draws the ire of researchersIn the Spotlight Many of Kennedy's assertions have been condemned by experts and advocates
-
Protein obsession is oversaturating the health food spaceUnder the Radar Some experts say that fiber is now the most important macro to focus on
-
Codeword: April 23, 2025The Week's daily codeword puzzle
-
DHS chief Kristi Noem's purse stolen from eaterySpeed Read Homeland Security Secretary Kristi Noem's purse was stolen while she dined with family at a restaurant in Washington, D.C.
-
Trump stands by Hegseth amid ouster reportsSpeed Read The president dismissed reports that he was on the verge of firing Defense Secretary Pete Hegseth over a second national security breach
-
Hegseth reportedly shared war plans in 2nd group textSpeed Read The defense secretary sent information about an attack in Yemen to a Signal group chat that included his wife and brother
-
Judge threatens Trump team with criminal contemptSpeed Read James Boasberg attempts to hold the White House accountable for disregarding court orders over El Salvador deportation flights
-
Biden slams Trump's Social Security cutsSpeed Read In his first major public address since leaving office, Biden criticized the Trump administration's 'damage' and 'destruction'
-
El Salvador refuses to return US deporteeSpeed Read President Nayib Bukele of El Salvador said he would not send back the unlawfully deported Kilmar Ábrego García
-
Trump says electronics tariff break won't lastSpeed Read The tariff exemptions on smartphones, laptops and other electronic devices are temporary, the administration says
-
Man charged in arson attack on Pennsylvania's ShapiroSpeed Read Governor Josh Shapiro and his family were sleeping when someone set fire to his Harrisburg mansion
