When President Donald J. Trump publishes his declaration of a national emergency requiring the construction of a wall on our southern border, that document will bear the formal signs of normal governance. The order will recite findings or at least assertions of fact. It will cite statutes—the act that authorizes its issuance and the statutes the president is triggering by signing his declaration. The same will be true of the complaints and legal briefs inevitably to be filed in its wake. There will be arguments familiar to administrative lawyers about standing, ripeness, reviewability, and statutory interpretation.
from Stories from Slate http://bit.ly/2XaCBP0
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