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9 comments

[–] jobes 2 points (+2|-0)

Actually, this could be really good news if you support a border wall. That's more than what would have been taken from West Point under the emergency and it would throw out every state lawsuit if they reallocated surplus funds for this

[–] Butler_crosley 3 points (+3|-0)

Except Congress would have to allocate the funds and they have already shown they aren't going to do that.

[–] jobes 1 points (+1|-0)

I'd bet my right foot that there is some clause that allows surplus funds to be redistributed under a national emergency declaration

[–] Butler_crosley 4 points (+4|-0)

Nope, that would violate Article I, Section 8 of the Constitution. Congress is the only branch allowed to appropriate funds and they're already starting to show signs of trying to reassert their Constitution responsibilities. Also given the current SCOTUS make up, I don't think Trump would win a challenge if he tries to appropriate funds without Congressional approval. Might even be a unanimous decision against Trump.