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President Trump says he is considering declaring an emergency at the border to unlock military funds to build a fence (a.k.a. wall).It’s not clear how serious he is, although anonymous White House aides have been quoted saying they believe this will be his ultimate way out of the shutdown fight.It’s a terrible idea. Even if it’s legal — which is unclear, at best — it would represent another unwelcome step in America’s long march toward unilateral government by the executive.The problem isn’t declaring an emergency. There is ample authority to do that and we live under a couple of dozen little-noticed declarations of emergency that have accumulated over the decades. The issue is redirecting military funds to the border fence. That would require a strained interpretation that treats the border fence as a military matter, among other legal gymnastics.
