What is a national emergency — and does it mean Trump can build his wall? Presidents have declared dozens of emergencies, but none like Trump’s. Trump’s emergency declaration is the first since 9/11 to authorize military action. Trump declared a national emergency at the border — Sean Illing asked 11 experts if it’s legal (and more). Does Trump really have “absolute power” to declare a national emergency? Let’s examine the statute. Presidents have no extra-constitutional powers during real emergencies, much less fictitious ones (and more). Yascha Mounk on how national emergencies are for autocrats. Jaden Adams on states of emergence. The wall isn’t a state of emergency but a state of exception.

From Lawfare, what authorities is President Trump using to build a border wall?; Jack Goldsmith on what is and isn’t a big deal in Trump’s executive actions related to the border; and Robert Chesney on judicial deference and the inevitable border emergency litigation. The courts will likely let Trump declare an “emergency”, even if it’s made up. A state of unreality: Trump’s emergency declaration is going to run into four hurdles. Trump’s national emergency just got its first legal challenge. Li Zhou and Emily Stewart on 5 ways Trump’s national emergency declaration could be stopped. Why does Trump still want the wall so badly? Erik Klemetti on the geologic nature of our borders.


Ayelet Banai (Haifa): The Territorial Rights of Legitimate States: A Pluralist Interpretation. Ming-Sung Kuo (Warwick): Between Fact and Norm: Narrative and the Constitutionalization of Founding Moments. Paul Krugman on the empty quarters of U.S. politics; on Democrats, debt and double standards; and how much does heterodoxy help progressives? Why girls beat boys at school and lose to them at the office. A remedy for government shutdowns: Right now, members of Congress have few financial incentives to compromise in the face of government shutdowns — a constitutional amendment could change that. This is the most diverse Congress ever — but it’s still pretty white. Rift between Trump and Europe is now open and angry. Our brains aren’t designed to handle the Trump era. Kaepernick won — the NFL lost (and more and more).

Teresa Bruno-Nino (Syracuse) and Preston J. Werner (HUJI): You Oughta Know: A Defence of Obligations to Learn. Russia may absorb Belarus: “We’re ready to unite”, president says. The racist history behind the disappearance of Australia’s indigenous languages. Is there any point to writing about Donald Trump all the live-long day? The AI text generator that’s too dangerous to make public. When the suffrage movement sold out to white supremacy: African-American women were written out of the history of the woman suffrage movement — as the centennial of the 19th Amendment approaches, it’s time for a new look at the past. The rise of the right-wing globalists: The World Economic Forum showed how the Right is seizing the levers of the international order.

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