So the government stays shut down forever?
He declares the emergency, and they start building the wall. How can it be stopped if it’s an emergency?
It can easily be stopped by someone, anyone, filing suit alleging that a state of National Emergency did not exist when Trump made his declaration, and that an immediate cease and desist order be issued against the construction of the wall until the matter is fully litigated.
Remember when Trump issued an executive order, fully supported by law, to stop issuing visas to people from several Middle Eastern countries? (The Travel Ban.)
That was stopped by a Hawaii judge for almost a year, as the case meandered from his District Court to the 9th Circuit, to a 9th en banc, to the Supreme Court.
And how would the Court enforce it?
I’m not sure the judges have the same standing with an NE order as opposed to an EO. Are judges not neutered under a NE? If aliens land on the WH lawn and the president issues a NE order, what judge would have standing to challenge that?
“So the government stays shut down forever?”
Just as a point of fact: there are only 9 depts./agencies affected. Staffed with 85% ‘non essential’ personnel. (which should provide an opportunity now to cut that nonE staffing by 50-80% or eliminate the depts. all together but that’s another thread)