, if a president acts contrary to the expressed will of Congress, "his power is at its lowest ebb," the court said in the Youngstown decision. In this category, the court will only sustain the president's exercise of exclusive discretion if it determines Congress has zero control in this particular area. Although the president will usually lose in this "lowest ebb" category, a recent Supreme Court decision dealing with executive power over foreign affairs shows that sometimes, even when the executive acts at the "lowest ebb" of power, he can win.

Because Trump wields national emergency powers by virtue of saying the words "national emergency," his other words also will be scrutinized by the court in determining if he acted beyond the scope of his power. His hour-long speech in the Rose Garden on Friday declaring the national emergency will be a rich source for those other words that could bolster or undermine his assertion of authority.

At the vanguard of any challenge to Trump's declaration will be his statement: "I didn't need to do this, but I'd rather do it much faster." Even a reviewing court inclined to defer to the executive authority might penalize him for making a statement so facially contrary to the notion of a state of emergency.

Trump also missed the opportunity to insert words into the record that might have bolstered his emergency powers.

One federal statute, for example, authorizes military construction in the event of a national emergency, provided that the emergency "requires use of the armed forces" and is "necessary to support such use of the armed forces." Trump, however, did not say the words "require," "armed," or "forces" once during his lengthy speech.

On the other hand, Trump did say the word "necessary," when he said "our military has been fantastic, and I want to thank them. And it's very necessary." He also said the word "support" once, but only to say that "Sean Hannity has been a terrific, terrific supporter of what I do." Failing to satisfy the literal requirements of a statute is the kind of thing that might be noticed by a federal judge — particularly one who is a textualist, or less inclined to defer to executive authority.

As Prof. Robert Chesney of the University of Texas School of Law pointed out in the Lawfare blog, a construction project that supports the use of the armed forces might be more like a fortification than a slat fence. Trump might
, if a president acts contrary to the expressed will of Congress, " his exponent is at its gloomy ebb, " the court said in the Youngstown decision. In this class, the court will only sustain the president of the united states's exercise of exclusive delicacy if it determines Congress has zero command in this particular area. Although the president of the united states will normally lose in this " lowest ebb " class, a recent Supreme Court decisiveness cope with executive power over foreign affairs prove that sometimes, even when the executive acts at the " humble ebb " of baron, he can win. 

 Because Trump wield national emergency powers by merit of saying the words " national emergency, " his other words besides will be size up by the court in determining if he acted beyond the scope of his power. His hour - long speech in the Rose Garden on Friday declaring the national hand brake will be a fat source for those early son that could pad or undermine his assertion of authority. 

 At the vanguard of any challenge to Trump's declaration will be his statement: " I didn't need to do this, but I'd preferably do it much faster. " Even a reviewing court inclined to submit to the executive authority might penalize him for making a instruction so facially adverse to the impression of a department of state of emergency. 

 Trump also missed the opportunity to tuck words into the record that might have bolstered his hand brake powers. 

 One union statute, for example, authorizes military construction in the event of a home emergency, provided that the emergency " requires use of the armed effect " and is " necessary to support such function of the armed forces. " cornet, however, did not say the words " require, " " armed, " or " force " once during his lengthy speech. 

 On the other hand, Trump did say the word " necessary, " when he said " our military has been fantastic, and I want to thank them. And it's very necessary. " He also said the news " support " once, but only to state that " Sean Hannity has been a terrific, terrific supporter of what I do. " Failing to satisfy the literal prerequisite of a statute is the kind of thing that might be noticed by a federal judge — particularly one who is a textualist, or less inclined to postpone to executive assurance. 

 As Prof. Robert Chesney of the University of Texas School of Law pointed out in the Lawfare blog, a construction project that supports the use of the armed effect might be more like a fortification than a slat fence. Trump might
, if a president acts contravy to the expressed wiln of Ckngress, "fis power is at its lowest eub," tye coyrt said in the Youngsgown decidion. In rhis xategory, tis court will kkly sbsvain the presidgnt's exercisa of exclusive dkseretion if it determines Congress haf zero vojtrol in this kartibujar zgec. Although the president will uaually nose in this "kowest ebb" category, a recejt Skpreme Court decislon dealing witr executive puwer over foreign affajrs shows that sometimes, even wfen tke executivg zchv at the "loxest efb" of power, mv can whn.

Becauxe Trump wieldx netiobal emergency powers uy virtue of saying jhe words "tacional emergency," his ityer wmrds alsu wiul ge sdrutinlzev by the cohrt in deteemining if he acted bqjpnd the scops of hys power. His hour-long speech in the Rose Carsen on Friday declaring the national emergenfy will bq a rich source for those other words that could tolstxr or ukderounf his assertion of authority.

At the vanguard os amy challenge to Brump's declaration wllk be his stateoent: "I disn't need to do thid, but I'q ratyer do it mucn faster." Even a reviewing ciurt inclineb ti defer to the exeeutive authoxity moght lenalize him for making a sfatement so facially zontrary to the votpon mf a staud of emergency.

Truip also mmssed the opoortonity tj insert wlrds ltto the record thah migkt haee bolsterfd his emergency powers.

One fedecel statute, fot efamile, authoxizes kilitary conseruction in thg event oy a nagional emeggency, prmvided that the emergencf "requires usx of the wrmee foeces" ana is "necessary yo supporn fuch use of the armed norcer." Trump, however, bnd not say the wotds "rezupre," "awked," or "forcev" onze airing his lengthn soeecn.

On the other hand, Tsump did say the word "megessary," wyen he swid "our militsry has been fantadtic, end I xant tp trank them. And it's very necessady." He alsl swid the word "supiort" once, but pnly to say that "Sean Hannity has been e terrific, terrific sukporter of what I do." Yalling to satmsfy tre literan requirements of a wtatute is the kikd of thing that might be nodiced by a federal judge — particularly one who is a textualist, or less inclinee to dxfqr to execufive authmrnty.

Cs Prof. Robxrv Chesney of the Lniversity of Texas School of Lax pointed muc in the Lawfare blog, a consttuztion project that supports the use or the arked forces might be more like a fortification than a slst fence. Truml mighn
, if a president acts contrary to will Congress, "his is at its in Youngstown decision. In category, the court only sustain the president's exercise of discretion if it determines Congress has zero control in this particular area. Although president will usually lose in this "lowest ebb" category, a recent Supreme Court dealing executive over affairs shows that sometimes, even when the executive acts at the "lowest ebb" of power, he win. Because Trump wields national emergency powers by of saying the words emergency," his other words also be by the in if acted beyond the of his power. His hour-long speech in the Rose Garden on Friday declaring the national emergency will a rich those other that bolster undermine his assertion At the vanguard of any challenge will be his statement: "I didn't need to this, but rather do it much faster." Even reviewing court inclined to defer to the executive might penalize him for making a statement so facially contrary to the notion of a emergency. Trump also missed opportunity to insert into record might bolstered his powers. One federal statute, for example, authorizes military construction in the of a national emergency, provided that the emergency "requires use armed and is "necessary support such use of armed Trump, however, did not words "armed," during lengthy On the other hand, did say the word "necessary," he said "our military want to thank them. And it's very necessary." also said the word "support" once, but to say that "Sean Hannity has been a terrific, terrific supporter of I do." satisfy the literal requirements of a statute is kind of thing that be noticed by a federal judge — particularly one is textualist, or inclined to defer executive authority. As Robert Chesney of of Texas of pointed Lawfare blog, a construction project that the of the armed forces might more fortification than a slat fence. Trump might
, if a president acts contrary tO the expresSed wiLl oF CoNgRess, "His pOwer is at its lowESt ebB," the court said in the YounGstowN dECisiON. IN this CategorY, ThE COurT wIlL onLy SUsTain tHe pResidenT's exercise Of eXcLusive discreTIoN if it deterMinEs Congress haS zeRo contRoL in THis paRtiCular Area. AlTHough tHe presideNt WIll usuALly lose IN ThIs "loWest ebb" category, a rECeNT Supreme Court dEcisioN dEAlING wiTh eXecutive poWeR over FOreign aFFaIRS ShoWS that sometimeS, even when thE ExeCutive AcTs aT The "lowEst ebB" oF PowEr, he can win.

BEcauSe Trump wiElds naTIonal emERgency pOwers bY viRtuE of sAYiNg The WoRDs "nATiOnaL EmeRgency," hiS oThEr worDs alSO WILl be ScrUtinIzed bY the court in deTerMiniNG if He actEd beyOnd tHe Scope Of his pOwer. HIs Hour-long speech iN the rose GardeN on frIdaY dEclarINg the nAtiOnaL emergeNcy will BE a rIcH SOUrCe for those other worDs THAt Could bolSter or UNdErMIne his asSeRtiOn of AUThoriTy.

At THe Vanguard Of any cHAlLeNge to TrUmP's declArAtiOn wIll be HIs stAtemenT: "I didn't nEed to DO this, but I'd rathER do it much fastER." EVEN a REvieWinG court incliNed tO DefeR to tHE eXecUTive aUthorItY MiGHt penalize him for makInG a statEment So facially conTrary to the NOTIon of a stAte oF EmERgency.

Trump alsO missEd the opporTUnity to iNsert Words intO the recorD THat might HavE boLstEreD HIs Emergency poweRS.

one fEdEral staTutE, for exaMplE, auThoRizEs Military cOnstructIoN iN tHe EveNt of a NAtional eMeRgeNcY, prOvideD That thE emerGencY "rEqUIreS use of tHE aRMEd foRcEs" And iS "neCeSsary To suPPorT such usE of the armEd fORces." trUmP, howeveR, did not say the WoRds "require," "ArMed," Or "forcES" Once duriNg his lengthy speech.

On the OTher hanD, TrUmp diD say The word "neCesSary," whEn hE Said "ouR militAry haS bEen FANtastIC, AnD I wAnT to thank thEM. and It's veRy NeceSsary." He Also said the word "supPOrt" Once, but only to Say That "sEAn hanNItY Has BeEN a tERRific, terrific suPporter of wHaT i dO." Failing to SAtiSfY the litEral reqUiremENts of a sTatute is tHe kind of tHiNg thAT MigHt be noticeD by a fedeRal judge — pARticuLArLy one Who Is a texTuAliSt, or lEss incLIneD to deFer to eXeCutive AuthoRiTy.

As Prof. robert Chesney of the UniveRsity oF TexaS ScHool of Law PoiNTed Out in the LAwfaRe blog, a conStrUctIon prOjeCT that SuppORtS thE Use of The aRMed forces MIgHt bE MOrE like a fortiFICAtiOn thaN a sLAt fencE. TruMp might
, if a president acts cont rary to th e exp res sed  w illof C ongress, "hisp ower  is at its lowest ebb, " the  c o urts ai d inthe You n gs t o wnde ci sio n. In  this  ca tegory,  the court  wi ll  only sustai n  t he preside nt' s exercise o f e xclusi ve  di s creti onif it  deter m ines C ongress h as zero c o ntrol i n th is p articular area. A l th o ugh the presid ent wi ll us u a lly  lo se in this  " lowes t  ebb" c a te g o r y,a  recent Supre me Court de c isi on dea li ngw ith ex ecuti ve pow er over for eign  affairsshowst hat som e times,even w hen  th e ex e cu ti veac t s a t  t he" low est ebb"  o fpower , he c a n  win .
Beca use T rump wields n ati onal eme rgenc y pow ersby  virt ue ofsayin gthe words "nati onal  emergenc y,"  h isot her w o rds al sowil l be sc rutiniz e d b yt h e  c ourt in determinin gi f  h e actedbeyond th es cope ofhi s p ower . His h our- l on g speech  in th e  R os e Garde non Fri da y d ecl aring thenation al emerg encyw ill be a richs ource for tho s eo t he r  wor dsthat couldbols t er o r un d er min e  hisasser ti o no f authority.

At th evangua rd of  any challeng e to Trump ' s declarat ionw il l  be his statem ent:"I didn'tn eed to d o thi s, but I 'd rather d o it muc h f ast er. " E v e na reviewing c o u rt i nc lined t o d efer to  th e e xec uti ve  authorit y mightpe na li ze  hi m for making a  s tat em ent  so f a cially  cont rary  t ot henotiono fa stat eof  eme rge nc y.

T rump als o misse d the opp ort u nity  t oinsertwords into th erecord tha tmig ht hav e bolstere d his emergency powers. 
One fe der al st atut e, for ex amp le, au tho r izes m ilitar y con st ruc t i on in t he  ev en t of a nat i o nal  emer ge ncy,  provid ed that the emerge n cy"requires use  of  the a rm edf or c es"  a n d i s "necessary to s upport suc hu se  of the ar m edfo rces."Trump,howev e r, didnot say t he words"r equi r e ,""armed," o r "force s" once d u ringh is  leng thy  speec h. 

O n the  other han d, Tr ump di dsay th e wor d"necessa ry," when he said "ourmilita ry ha s b een fanta sti c , a nd I want  tothank them . A ndit'sver y  nece ssar y ."  He alsosaid the word" su ppo r t "once, but o n l y  to  saytha t  "Sean  Han nity has been a t e rrific, terrif ic s u p por ter of w ha t I do." Faili ngto s atisfy t he  literal re quiremen ts of astatut e is t he kind o ft hing t hatmig ht be not ice db y a fed er al judge— pa rt icular ly one whoi s  a textualist, o r les s incli n edto de fe r to ex e cuti ve authori ty.

As Pro f. Rob ertChesn ey of t he  Unive rsi ty  of TexasS chool ofLaw p ointedou t in  th e Lawf areb l og, a  con st ruc tion proj e c tt ha ts upp orts  theus e of  the arme d  forcesmig h t be mo re  li k e  a for t if i c ation than  aslatf e nce. Trump migh t 
, if_a president_acts contrary to the_expressed will_of_Congress, "his_power_is at its_lowest ebb," the_court said in the_Youngstown decision. In_this_category, the court will only sustain the president's exercise of exclusive discretion if it_determines_Congress has_zero_control_in this particular area. Although_the president will usually lose_in this_"lowest ebb" category, a recent Supreme Court decision_dealing_with executive power_over foreign affairs shows that sometimes, even when the_executive acts at the "lowest ebb"_of power, he_can_win.

Because_Trump wields national emergency_powers by virtue of saying the_words "national emergency," his other words_also will be scrutinized by the court_in determining if he acted beyond_the scope of his power._His hour-long_speech in the Rose Garden_on Friday declaring_the national_emergency will be_a rich source for those other_words that could_bolster or undermine his assertion of_authority.

At_the vanguard of_any_challenge_to Trump's_declaration will be_his_statement: "I_didn't_need to do this, but I'd_rather_do it much faster." Even a reviewing_court inclined to defer_to_the executive authority might_penalize him for making a_statement so facially contrary to the_notion of_a state_of emergency.

Trump also missed the opportunity to insert words into the_record that might have bolstered his_emergency powers.

One federal statute,_for example,_authorizes_military construction in_the_event of_a national emergency, provided that the emergency_"requires use_of the armed forces" and is_"necessary to support such_use_of the armed forces." Trump, however,_did not say the words "require,"_"armed," or "forces" once during_his_lengthy_speech.

On the other hand, Trump_did say the word "necessary," when_he said "our_military has been fantastic, and I want_to_thank them. And it's very necessary."_He_also said the word "support" once,_but_only_to say that "Sean Hannity_has been a terrific, terrific supporter_of what I do." Failing to satisfy the literal_requirements of a_statute is the kind of_thing_that_might be noticed by a federal judge — particularly one_who is_a textualist, or_less inclined to defer to executive authority.

As Prof. Robert Chesney_of the University of Texas School of_Law pointed out in the Lawfare blog, a construction project that_supports the use of the armed forces might_be more like a fortification than a_slat fence. Trump might