From the Februrary 12 edition of Fox News' Hannity:
SEAN HANNITY (HOST): Now there's another solution, maybe even a better solution. I'm not as concerned as some other conservatives if the president signs the bill, but there's are a couple of ifs. Step one: the president decides he wants to sign the compromise, which would guarantee the $1.375 billion down payment for the wall, okay, that money can be used immediately. Now if he takes step two, which is the president utilizing money he's identified, some $900 million for additional construction, that is already available for the administration's discretion. That would be about $2.3 billion, but the important third step needs to happen simultaneously. And that would be the president would need to declare a national emergency. This is the time. That is a necessity. And the president, I think I know him very well, telegraphed that very thing just today.
You just heard him indicate a coming plan that he would find the other moneys, on top of whatever Congress gives him. That would allow the administration to access billions more in wall funding. And by the way, the national emergency would be challenged, as we always see with the Democrats, they'll go judge shopping in California or Oregon or Hawaii, then they'll go to the ninth circuit, and then because of all of the constitutional issues involved, being number one an emergency, separation of powers, the president's role as our commander-in-chief, I think the president is on very firm legal grounds given the national security risks that are stemming from a poor southern border. Additionally, the president has even further authority, which the Supreme Court, I'm sure would look at, and that would be a real law. 10 USC 284, that gives the president, in other words, the Executive Branch, the authority for the construction of roads and fences and the installation of lighting to block drug smuggling corridors across international boundaries of the United States.