Senate Republicans are warning President TrumpDonald John TrumpNew Biden campaign ad jabs at Trump's reported 0 income tax payments Ocasio-Cortez: Trump contributed less in taxes 'than waitresses and undocumented immigrants' Third judge orders Postal Service to halt delivery cuts MORE ahead of his State of the Union speech against using a national emergency declaration to build the U.S.-Mexico border wall. 

GOP lawmakers warned that declaring a national emergency would be met with resistance on Capitol Hill, where Congress could try to block Trump by using a resolution of disapproval. 
 
Sen. John ThuneJohn Randolph ThuneSupreme Court fight pushes Senate toward brink House to vote on resolution affirming peaceful transition of power Trump dumbfounds GOP with latest unforced error MORE (R-S.D.), the No. 2 Senate Republican, said that he and "a lot of my colleagues" have concerns about the precedent Trump would set if he declared a national emergency to construct the border wall. 
 
"There's a lot of reservations in the conference about it and I hope they don't go down that path," Thune told reporters. 
 
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Sen. John CornynJohn CornynSupreme Court fight pushes Senate toward brink Hillicon Valley: Productivity, fatigue, cybersecurity emerge as top concerns amid pandemic | Facebook critics launch alternative oversight board | Google to temporarily bar election ads after polls close Lawmakers introduce legislation to boost cybersecurity of local governments, small businesses MORE (R-Texas), who is close to Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellGOP senators confident Trump pick to be confirmed by November Trump's Teflon problem: Nothing sticks, including the 'wins' Senate Republican says lawmakers can't 'boil down' what a Court nominee would do in one case like Roe v. Wade MORE (R-Ky.), told reporters that declaring a national emergency would be a "dangerous step" that likely wouldn't allow Trump to build the wall border wall because it would get bogged down in court and challenged in Congress. 
 
Congress has until Feb. 15 to get a deal on funding for the border wall and to prevent a second shutdown, which would impact roughly a quarter of the government. The president is demanding $5.7 billion for the wall; Democrats have rejected money for a concrete wall but signaled some openness to fencing or other barriers. 
 
Sen. Richard ShelbyRichard Craig ShelbyThe Hill's Morning Report - Sponsored by Facebook - Republicans lawmakers rebuke Trump on election Senate to push funding bill vote up against shutdown deadline Senate GOP eyes early exit MORE (R-Ala.), a member of the conference committee tasked with finding a deal, told reporters that a national emergency wouldn't be his preferred route. 
 
"I wouldn't prefer one. I believe we should continue to work toward the legislative solution," he said. "I do believe that the president's probably got the power under the Constitution and maybe under the statue to do that, but I would rather us do it." 
 
Trump has refused to rule out declaring a national emergency if Congress isn't able to reach a deal on wall funding, despite public pushback from Republicans including McConnell. 
 
He hinted to reporters on Friday that they should "listen closely" to his State of the Union speech.
 
“I don't take anything off the table. I don't like to take things off the table. It's that alternative. It's national emergency, it's other things and you know there have been plenty national emergencies called,” Trump separately told CBS News's "Face the Nation" when asked if he would shut down the government. 
 
 
Democrats would likely be able to pass the resolution easily through the House and kick the fight to the Senate, where Schumer would be able to force a vote. 
 
McConnell reportedly warned Trump that a resolution blocking his emergency declaration would be able to get enough GOP votes to pass, forcing the president to issue his first veto. 
 
 
"I don't think the intent was for it to be used in this kind of situation. And as a member of the Senate I'm very concerned if the president believes that he can reallocate or repurpose appropriations for which we have designated very specific purposes," she said. 
 
"It also is in my judgement of dubious constitutionality," Collins added. "So I don't really think it gets him to the goal."  
 
Sen. Mitt RomneyWillard (Mitt) Mitt RomneyTrump, Biden have one debate goal: Don't lose Trump-Biden debate: High risk vs. low expectations Crenshaw looms large as Democrats look to flip Texas House seat MORE (R-Utah) told reporters that he would be studying the issue, including what it meant for the "constitutional division of power." 
 
Republicans have tried to stick closely to Trump during the months-long fight over the border wall, which remains a potent issue among the party's base. But there have been growing fractures about shutdown strategy after GOP senators became increasingly anxious during the 35-day partial funding lapse. 
 
Trump would likely have some GOP support if he declared a national emergency. 
 
Sen. John KennedyJohn Neely KennedyMORE (R-La.) has repeatedly told reporters that he doesn't think it would "be the end of Western civilization," while also saying last week that he didn't know how he would vote on an effort to block the declaration. 
 

"It seems to me that he's gonna have to go it alone, but there could be a war within the Republican party over the wall," Graham said.

He added that "any Republican who denies the president the ability to act as commander in chief, you're going to create a real problem within the party." 

Tags Mitch McConnell Charles Schumer Richard Shelby Lindsey Graham Susan Collins Nancy Pelosi Donald Trump John Kennedy John Cornyn Mitt Romney John Thune National Emergencies Act National Emergency declaration U.S.-Mexico border wall Government shutdown State of the Union