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“The president isn’t violating the Constitution,” said Mark Levin. “He’s not even violating the statute. He’s looking at the statute, he’s looking at the immigration laws – there’s an emergency provision in the immigration law, the Immigration and Naturalization Act – and he’s marrying the two up, which is what he’s supposed to do, because he’s getting advice from really smart lawyers in the White House Counsel’s office, at the Justice Department, smarter than the lawyers who are online, popping off, smarter than the phony lawyers who are on cable T.V. – real, serious constitutional lawyers, not former this and former that.”

Levin remarks came after President Trump said last Friday that he would consider declaring a national emergency to secure the U.S. border with Mexico. Trump has repeatedly asked Congress to appropriate $5.7 billion in funding for the wall, but Congress has so far refused.

Levin said, “We have utter lawlessness on the left and in the Democrat Party, which is celebrated by the media. Sanctuary cities, nullification of federal law – the Democrat Party is the party of the illegal alien, not the American citizen. They confer rights throughout the states and cities on illegal aliens. They undermine federal law, federal enforcement, federal deportation orders. We have absolute anarchy because that is what the Democrat Party has created – the hard left, the progressives.

“The president of the United States is trying to use his legitimate constitutional authority to undo this, to secure the border, and under the Constitution, he has the right to do so. Even more so, there’s a federal statute that was passed in 1976, long before he even flirted with politics. This statute was passed by an overwhelmingly Democrat Congress – still had the Watergate babies in that Congress. And the statute was passed to put some limits on presidential power, because prior presidents, particularly Roosevelt, abused the power of issuing emergency acts. They had no time limits and no boundaries. That is why, in the case of Harry Truman, with the steel mills, the Supreme Court finally had the guts to tell him, ‘No.’

“But we didn’t have the National Emergencies Act back then, and there’s a provision in that act, as I’ve now discussed for the last three days, that enables Congress to put a check on a president, joint resolution passed by a majority of Congress, does exactly that. The court should have no role. These are political decisions.

“President’s not making up this stuff. He’s not flying by the seat of his pants. These are big-time litigators. These are areas I happen to be fairly expert in myself because this is how I lived for 30 years, on subjects like this.

“Most of the people commenting on the National Emergencies Act have never commented on it before. They never heard of it before. And when it was invoked repeatedly by Barack Obama and invoked by other presidents who preceded this president, they never said squat. They never wrote about it. They never complained about it. They never said it was unconstitutional. They never said, ‘We don’t govern this way.’

“We’re not talking about this president issuing an executive order, that, out of thin air, creates DACA. That’s not what this president’s doing. There was no statutory basis for DACA, and Obama admitted it. He wrote legislation out of thin air. He violated separation of powers. That’s not what Trump plans to do.”

https://www.cnsnews.com/blog/emily-ward/mark-levin-trump-isnt-violating-constitution-using-emergency-powers-secure-border