Have to agree - the Executive has FULL authority and jurisdiction to defend the borders in a case of national emergency.

After such declaration of emergency the legislative branch would have zero bearing on what the executive could do under the War Powers.

Will he do it? Dunno.



Here's what actual courts have said in the past:

[link to engagedscholarship.csuohio.edu (secure)]


The president can basically do whatever he wants if there is a declared national emergency.