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Power. he has to point out which statues are triggered by a national emergency. there are over 120 of them. the only one he can point to that can get him $3.6 billion, the bulk of the added money that he wants is one that is quite narrow in scope. it is part of a section with the u.s. code dealing with the navigation and military installations. it is an incredible stretch to treat that language applicable here. i bet despite the enormous constitutional stakes and the president has established. a lot of this will come down whether the chief justice interprets section 2293, a technical section i...

Congress 32 years and they're going to tell us they have the solution for border security. how can we take that seriously? where have they been the past 30 years? this saul about democratic voters. hundreds of thousands coming across the border. if they thought they were going to vote republican, that wall would have been built years ago. they may tick off a few democrats on this deal, but i don't think it will happen in the house. president trump will have to go with the national emergency act. i think he has the authority to do that. section 2293 allows it. >> harris: you packed a lot of tha...

Good to see you tonight, professor. >> thanks for having me on. >> state your case, we heard from moderate republican susan collins saying she has concerns about this, state your case on why the president has this executive power? >> is not relying on inherent authority from the constitution although he could. is relying on specific statutes, the national emergencies act gives him the power to declare a national emergency. every president since that act has passed is used it, barack obama used it to declare a national emergency over the swine flu. once the national emergency is declared, i thi...

We heard from moderate republican susan collins earlier saying she has a real concern about this. please state your case and i think the president has this executive power. >> he's not relying on inherent authority from the constitution, although he probably could. he is relying on very specific statutes. the national emergencies act gives him the power to declare a national emergency. every president since the act was passed has used it. president barack obama used it to declare a national emergency over the swine flu. and then once that national emergency is declared, and i think what's goin...

The president has room to do something, let's look at what he might be able to use, he could authorize his building wall without congress. you can see code 2293, civil works project redirecting troops for national defense projects and one that permits military construction projects not otherwise authorized and permits funds being spent on counter drug activities which is another good one and heroin is coming from there. can he do this? >> that remains to be seen. first thing the president would have to do is declare a national emergency under the national emergency act and tell congress why th...