in terms of the national emergencies act, it was something passed by congress. they gave this power away in 1976. they did away with the emergency declarations and started them anew. we are up to 31 at this point, maybe 32 including the one today. the point here is that congress gave up this power. then they passed other statutes that enabled the president to shift funds around based upon an emergency he declared. to the extent this is -- to the extent this -- the president has declared a national emergency today, emergency is defined by the president of the united states. there is no constitutional problem here. this is statutory. it has nothing do with the constitution or the separation of power. >> the problem is that he declared an emergency, defined it not as one and the same day he signed a law that congress was acting on the same thing. how do you counter? go ahead.