Judge Andrew Napolitano said Monday that President Trump cannot declare a national emergency and build a wall on the U.S.-Mexico border. Napolitano said in times of emergency the president cannot spend money unless Congress has authorized it.
MARIA BARTIROMO, FOX BUSINESS: The president said he's threatening he will declare a national emergency to build that wall. Can he do that?
JUDGE ANDREW NAPOLITANO, FOX NEWS: In a word, no. That's not me saying no, because the Supreme Court said no when Harry Truman attempted to do that. There was a steel strike during the Korean War, he asked the Congress to authorize him to seize the steel mills and operate them against the strikers' wishes and produce steel for our troops who desperately needed it during the Korean War. The Supreme Court said, 'No, you can't do that. Congress can do it. Congress can pay for the steel mills and operate them, but the president can't do it on his own.'
Stated differently, the Supreme Court has made it very clear, even in times of emergency, the president of the United States of America cannot spend money unless it has been authorized by the Congress.