[Ed. – Another man’s opinion.]
The National Emergencies Act of 1976 allows the president to trigger emergency powers conferred on him not by me, but by Congress. It has been in place in various forms for more than 150 years. It confers powers on a president that I think go too far, such as confiscating private businesses, etc.
In this case, involving building a border barrier of some kind, that is a uniquely federal governmental responsibility. The president can use the law to undertake such a project, and it can be challenged in the courts or overturned by a joint resolution of Congress. He needs to make his case under the statute, which is an easy case — that securing the southern border is a national emergency, given the chaos there, the related consequences, and the refusal by the Democrats to address it in any meaningful way and their holding the rest of the government hostage.