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The law. let's take this national emergency as an example. the president's relying on a statute 10 usc 2808 that said you can reallocate military construction funds if the military -- if the situation or emergency requires the military. well if you have that interpretation for this particular situation, you could imagine that interpretation going into a whole host of other situations and so the challenge is when the president -- and any president uses executive authority in such a wide way, in such a sweeping way, it creates some serious problems of precedence and it creates, frankly, some ser...

Appropriations process we don't get to the place where we have these kinds of emergency declarations and so forth. it's not the sexiest thing in the world. it's congress doing its job and stepping back from separation of powers time and time again. >> one last note because donald trump used to feel this way, very strongly, he, as a deal maker, would never have to rely on the executive overreach that president obama did. here was his tweet. republicans must not allow president obama to subvert the constitution of the u.s. for his own benefit and because is he unable to negotiate with congress. ...

Construction. that is the part that requires the declaration of a national emergency. we have 2.5 billion for drug interdiction, 1.375 billion is in the big spending bill coming over and 600 million from treasury department forfeitures. there is a lot of opposition to this, even some republicans on capitol hill concerned that when the tables get turned another president from the other party could do this in a way they don't like. the other thing, too. i think we have to re-emphasize is there is also a potential for the house and the senate to vote against emergency declarations by the presiden...

Important. >> in making his case president trump today pointed to dozens of emergency declarations that never drew the type of player he is receiving. but those declarations were not used as a way to go around congress on appropriations. the president also gave his critics more ammunition today when he seemed to indicate the emergency declaration wasn't necessary. >> i didn't need to do this, but i would rather do it much faster. and i don't have to do it for the election because i've already done a wall. >> john: congresswoman alexandria ocasio-cortez said, she would introduce legislation to ...

Spouting off. >> right. >> even if there is an emergency or that power is allowed, then the question is there are 123 specific laws that must be followed. they need to do this under some legal authority. and the question is, is this, in fact, military spending, for example, is it really the case this is something the military legally can do, especially since he's also signing a budget deal that treats it as a civilian matter and not an emergency. >> right. >> so this will go to the courts. it will be challenged maybe by the house of representatives, maybe by some rancher who has a wall built t...