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Marco Rubio warns against Trump declaring a national emergency over border security, arguing that one day a Democrat could declare one over climate change

Republicans and Democrats are unsure about whether President Donald Trump even has the authority to use a national-emergency declaration to start construction on a wall along the United States border with Mexico, a move Trump has been mulling as the partial government shutdown continues.

Trump has repeatedly floated the idea of using a national-emergency declaration to go around Congress and add more miles of physical barriers along the border in the event he cannot reach a deal with Democrats to reopen the government. He reiterated his point on Wednesday while entering the US Capitol building to meet with Senate Republicans, telling reporters he has the “absolute right.”

Read more: Trump and Democrats dig in their heels as the partial government shutdown extends into the new year with no end in sight

But many members of Congress are not sure — including Republicans looking for an out to what is becoming an increasingly toxic political situation.

Connecticut Sen. Richard Blumenthal, a Democrat, told INSIDER that an emergency declaration would no doubt face challenges in the courts and “would be so flimsy that it would be like building his supposed wall on sand without a foundation.”

“A declaration of national emergency would be absolutely repugnant and abhorrent to our constitutional principles,” Blumenthal said. “It would lack any basis in fact or the law and would be struck down by the courts.” Read more

Read also: China approves Donald Trump-branded spas, escort services, hotels and massage parlours without US Congress permission

Marco Rubio warns against Trump declaring a national emergency over border security, arguing that one day a Democrat could declare one over climate change

Republicans and Democrats are unsure about whether President Donald Trump even has the authority to use a national-emergency declaration to start construction on a wall along the United States border with Mexico, a move Trump has been mulling as the partial government shutdown continues.