PORTLAND, Ore. — President Donald Trump declared a national emergency Friday morning outside the White House to get billions of dollars to fund construction of the border wall.
We wanted to Verify: Can Congress repeal the president's national emergency declaration?
Our sources for this story are Chris Edelson, an assistant professor of Government at the American University School of Public Affairs, and US Code § 1622.
According to federal law, a national emergency declaration can be repealed by a joint resolution passed by majorities in both the House and Senate.
However, to pass, the joint resolution would have to be signed by Pres. Trump, who has made it clear he wants all of that money to be used for the border wall.
In that case, the joint resolution would have to pass Congress with a two thirds majority, requiring the support of Republicans who in the past have stood behind the president.
Friday, Rep. Alexandria Ocasio-Cortez (D) and Rep. Joaquin Castro (D) announced they plan to introduce a joint resolution that would terminate the president's declaration.
We can Verify: Yes, Congress can repeal the president's national emergency declaration.
Edelson wrote a book called "Emergency Presidential Power" which goes to great length to explain the National Emergencies Act of 1976, which enabled the president to declare a national emergency without Congressional approval.
The act was meant to limit the president's emergency declaration powers, but doesn't define what a national emergency even is, according to Edelson.
Pres. Trump's decision Friday was the 60th time a national emergency was declared since 1976, but it's the first time the president has used the declaration to appropriate money without the consent of Congress.
More than 75 percent of prior emergency declarations have had to do with sanctions of foreign governments.
Not counting Pres. Trump's announcement Friday, 31 declarations are still intact today. Click here to read about each of those declarations and to find out how many national emergencies recent presidents have enacted.