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Franklin Roosevelt set a precedent for this when used his power to Horse and Girls I am happy when I am in the barn tshirt when he mandated the detention of Japanese-American citizens and US nationals in 1942. Congress sat by and allowed that constitutional violation, so individuals looking for legal cover can always harken back to that as a defense. Here’s the problem: Trump is on record stating that his reasoning for any declaration is not a genuine threat, but rather his campaign promises to build a border wall. If he indeed believes that there is a need for such an action, why didn’t he take it at an earlier time?
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Additionally, it’s a “one-shot” deal. Even if Trump is successful, such a Horse and Girls I am happy when I am in the barn tshirt Congress and the courts will be looking for solutions that will curtail his ability to do so again. They move in with legislation and court rulings that will limit Trump’s powers and further weaken him as POTUS. So if he does do it, he’ll need to make certain that he never needs to do so again.