If President Donald Trump declares a national emergency at the southern U.S. border in order to bypass Congress and begin building his wall, he will longer be a president but a prince, Fox News legal analyst Andrew Napolitano said on Monday.
Trump plans to deliver an address to the nation on Tuesday night, at which point he will make the case that a crisis truly exists at the border with Mexico.
“The president has valid emergency authorities in a time of a true emergency, but he can’t spend money and he can’t take property unless the Congress is authorized it. That’s directly from the Constitution," Napolitano told Fox News anchor Martha MacCallum on "The Story."
"Otherwise he’s bypassing the Congress and he’s not a president, he’s a prince," he added.
Napolitano also said Trump would have to prove that an actual emergency exists on the border — a feat the former judge does not believe is possible.
"The numbers are very impressive, but an emergency is defined… as when the government is overwhelmed and its ordinary assets don’t work," he said. "I don't think President Trump would say that."