Tuesday, January 8, 2019
President Donald Trump claims he can use an "emergency" declaration to secure funding to use eminent domain to acquire land for his border wall, even without any additional congressional authorization. The validity of this claim is dubious at best. It is far from clear that emergency powers can be used to build the wall. Even if they can, it is questionable whether that would authorize the use of eminent domain to seize private property. And if the president succeeds in using an emergency declaration for such dubious purposes, it would set a precedent that conservative Republicans are likely to have reason to regret the next time a liberal Democrat occupies the White House.
It's probably wrong of me to rub my hands together with glee at the prospect of a constitutional dust-up. It's such good and sometimes even great theater.