Today, President Trump declared a state of national emergency along the U.S. border with Mexico. He did so pursuant to the National Emergencies Act, which delegates to the executive broad unitary power that would otherwise rest in both Congress and the Executive. There’s just one major problem: there is no emergency, and Trump knows it. Otherwise, why would he go to his Florida resort, Mar-a-Lago, just hours after declaring one? Never mind the fact that illegal entry into the U.S. is actually declining. Repeat: No emergency, therefore, even for Trump, this is an extraordinary abuse of power designed to sidestep Congress on a policy issue. The dangerous declaration will inspire a round of litigation that will likely mirror that of the Muslim Ban: the president will lose early, but will depend on the Supreme Court, which includes two of his own appointees, to validate his unconstitutional temper tantrum. While national emergencies have been declared previously, this is the only one that explicitly seeks to circumvent the legislative process. The real emergency is the state of the American democracy.