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Constitutional Law,
Government,
U.S. Supreme Court

Mar. 20, 2019

An unlawful presidential act

President Donald Trump is acting in an unconstitutional and unlawful manner in spending $8 billion to build a wall without congressional authorization of the funds.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

See more...

An unlawful presidential act
President Donald Trump at the White House, in Washington, March 19, 2019. (New York Times News Service)

President Donald Trump is acting in an unconstitutional and unlawful manner in spending $8 billion to build a wall without congressional authorization of the funds. When it comes to spending federal funds, the Constitution could not be clearer: "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." Under the Constitution, Congress has the power of the purse and it is impermissible for the president to spend money without specifi...

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