Restoring the balance of powers

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President Trump’s declaration of a national emergency at the southern border became the catalyst for bipartisan calls in Congress for an overhaul of the federal law that provided the president with the path to divert federal funds to build a border wall.

The president invoked the National Emergencies Act to bypass Congress and redirect $3.6 billion in military construction funds to erect a wall at the U.S.-Mexico border. In the wake of the Feb. 15 emergency declaration, a number of lawmakers warned the president’s action was unconstitutional and an overreach of executive power.

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