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We heard joe johns talk about military construction. there is a specific statute that authorizes the use of funds for military construction, but only for specific purposes. i think we are going to see litigation on the question of whether that statute is being satisfied to build a border wall. >> before i go to molly on the politics, steve, if there are arguments in the court, is it likely that activity is stayed in the meantime, blocked while it is considered or allowed to proceed while the court considers it? >> hard to say for sure. one thing courts look as is the likelihood that the challe...

The yemen war, the saudis and, frankly, on this issue. republicans didn't give the president what he wanted and, again, it's another issue to defy a president when he declares a national emergency. >> that's right. you have to remember this is a bipartisan agreement. it passed overwhelmingly in the senate. they waited for the president to say it was okay, but it was negotiated by a group of democrats and republicans. this is not a deal that nancy pelosi came up with unilaterally. this is what republicans agreed to in the house and senate in the negotiating committee. it wasn't enough for the p...

Much. now steve lattick from the university of texas law school and molly ball from time magazine. there's the law and then the politics of the decision. both crucial. steve, i want to start with the law here. tell us what national emergency legislation says specifically about a declaration like this. does it provide any definition, any parameters to define what a president can call or what he needs to say to call it a national emergency? >> the short answer is no. when answer passed the national emergencies act in 1976 the idea is there would be political checks on presidents declaring nation...

I can't get my legislation through congress on health care reform or gun legislation. i'll declare a national emergency and see what happens. is it correct that would be a precedent? >> absolutely. that's the right fear. in 43 years it's been on the book we have not seen the national emergency act used as such a naked end run around congress. it is a dark day for the separation of powers. that's what democrats and republicans should be concerned about. >> naked end run around congress. i like that phrasing. steve, molly, thank you very much. >> thank you. >> we are of course staying on top of ...