On Tuesday, March 26 the House fell short of the two-thirds majority needed to override President Trump’s veto of legislation that would have terminated his national emergency declaration pertaining to the southwestern border, assuring that his effort to build a border wall will go forward.

No matter where one comes down on the immigration issue, anyone holding loyalty to our written Constitution should decry the National Emergencies Act itself.

President Trump did not concoct the ability to declare an emergency and thus assume more power. He specifically relied on Sections 201 and 301 of the National Emergencies Act, in which Congress back in 1976 granted to the president the authority to declare an emergency and to invoke “special or extraordinary power[s].”

A careful study of Article II of the Constitution, which sets forth the president’s authority, mentions nothing about special or extraordinary powers outside of those enumerated in the Constitution itself Similarly, Article I, which deals with congressional authority, does not allow Congress to delegate power to the president, nor does it grant Congress (or any other branch) special or extraordinary powers outside of those powers specifically enumerated.

“The powers of the federal government,” James Madison explained in the Virginia ratifying convention, “are enumerated; it can only operate in certain cases; it has legislative powers on defined and limited objects, beyond which it cannot extend its jurisdiction.”