andrew boyle of the brennan center for justice's liberty & national security program said that the national emergencies act was broadly worded, providing much flexibility to the executive in many areas, including "control over the military and construction projects." boyle predicted that lawsuits challenging an emergency declaration would focus on issues such as whether building the wall was of "military necessity." boyle stated that historically, presidents had abused states of emergency "with the tacit consent of the legislature." boyle suggested that since trump "has a history of blowing through norms that other executives have adhered to" congress might begin to revisit its historical assumption that the executive was acting in good faith.