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House votes to overturn Trump's emergency declaration

The House passed legislation Tuesday to block President TrumpDonald TrumpHead of firms that pushed 'Italygate' theory falsely claimed VA mansion was her home: report Centrists gain foothold in infrastructure talks; cyber attacks at center of Biden-Putin meeting VA moving to cover gender affirmation surgery through department health care MORE’s emergency declaration for the southern border, marking an unprecedented congressional challenge to a president’s authority to invoke emergency powers.

The resolution passed easily through the Democratic-controlled chamber, 245-182, with Democrats voting unanimously to send it to the Senate. The GOP-led upper chamber is expected to hold a vote on the measure in the coming weeks.

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Republican leaders, who had clambered to limit defections in their ranks heading into Tuesday’s vote, were largely successful: 13 Republicans joined with Democrats to admonish Trump’s move — well short of the number Democrats would need to overturn the president’s promised veto.

Sponsored by Rep. Joaquin CastroJoaquin CastroTexas walkout sets up epic battle over voting rights Democrats call on Blinken to set new sexual misconduct policies at State Department USAID 'redirects' El Salvador funds from government to civil society MORE (D-Texas), the one-page resolution would terminate Trump’s emergency declaration, thereby preventing the administration from extending the U.S.-Mexico border wall using funds previously allocated for other programs.

The vote marks the first time Congress has taken formal action to block a presidential emergency declaration since the power was created in the National Emergencies Act of 1976.

Democrats hinged their opposition on the basic principles of constitutional law, arguing that Trump’s unilateral move marks a clear-cut violation of the separation of powers and the unique authority of Congress to dictate where federal dollars are spent.

“If it were truly an emergency, we’d all be there with the president,” Speaker Nancy PelosiNancy PelosiGOP increasingly balks at calling Jan. 6 an insurrection Overnight Energy: Lake Mead's decline points to scary water future in West | White House leads opposition to raising gas tax | Biden taps ex-New Mexico lawmaker for USDA post Trump against boycotting Beijing Olympics in 2022 MORE (D-Calif.) said several hours before Tuesday’s vote, during a conference of the American Legion in Washington.

“Our founders had great vision. They did not want a king,” she said.

The wall had been a principal element of Trump’s 2016 campaign, and, as president, he’s offered increasingly dire warnings that new physical barriers are vital in the law enforcement battle against illegal crossings, violent crime and drug trafficking in the border region.

“Without strong Borders, we don’t have a Country,” Trump tweeted leading up to the vote.

It’s a public safety argument that Democrats have rejected outright, noting that border apprehensions have fallen significantly relative to levels of decades past.

“There is no basis in law or in fact to declare a national emergency,” Rep. Hakeem JeffriesHakeem Sekou JeffriesDemocrats seek staffer salary boost to compete with K Street Congress tiptoes back to normality post-pandemic White House to Democrats: Get ready to go it alone on infrastructure MORE (N.Y.), chairman of the House Democratic Caucus, said hours before the vote. “President Donald Trump has more stories than ‘Harry Potter,’ and all of them are make-believe.”

Trump had declared the emergency on Feb. 15, just a day after Congress approved — and the president reluctantly agreed to sign — a sweeping spending bill to avert another government shutdown.

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The package included some funding for border security measures but denied Trump’s initial demand for $5.7 billion in new wall construction. The emergency declaration was his way to sidestep a recalcitrant Congress to advance a key policy priority.

Trump’s Republican allies on Capitol Hill were quick to rush to his defense, accusing Democrats of threatening national security by opposing new wall funding in the spending package — and leaving the president no choice but to act on his own.

“What we see happening along the border, the amount of drugs, the amount of deaths in America, the human trafficking that’s coming across, the overwhelming problem there,” said House Minority Leader Kevin McCarthyKevin McCarthyGOP increasingly balks at calling Jan. 6 an insurrection House Democrats' campaign arm raises almost million in May Five takeaways on the Supreme Court's Obamacare decision MORE (R-Calif.), rejecting the Democrats’ constitutional argument.

“So, the president has the authority to do it. And we will uphold him,” he said.

Appearing alongside McCarthy and other GOP leaders was Rep. Adam KinzingerAdam Daniel KinzingerKinzinger: Conspiracy theory FBI planned Jan. 6 example of 'legacy of Trump and Trumpism' Cheney rips Arizona election audit: 'It is an effort to subvert democracy' Why the Democrats need Joe Manchin MORE (Ill.), an active-duty member of the Air National Guard, who was recently deployed to the border and supports Trump’s emergency declaration.

“I went down there neutral on this question, didn’t know whether or not I’d support a national emergency,” Kinzinger said. “And I came back more convinced probably than anybody that this is the right thing to do.”

Democrats responded with accusations of their own, framing the emergency declaration as a desperate — and illegal — gambit by a frustrated president to get his way.

“People will say, ‘Well, there have been a lot of emergency designations.’ That’s right,” said House Majority Leader Steny HoyerSteny Hamilton HoyerBiden signs Juneteenth bill: 'Great nations don't ignore their most painful moments' House passes political spending, climate change corporate disclosures bill House to vote Wednesday on making Juneteenth a federal holiday MORE (D-Md.). “This is the only one — the only one — that has been used to get around a Congress’s refusal to appropriate money for a particular objective.”

The Republican defectors on Tuesday were a mix of several groups: There were the conservative constitutional literalists, like Reps. Justin AmashJustin AmashAmash warns of turning lawmakers like Cheney into 'heroes' Cheney set to be face of anti-Trump GOP Biden: 'Prince Philip gladly dedicated himself to the people of the UK' MORE (Mich.) and Thomas MassieThomas Harold MassieGOP increasingly balks at calling Jan. 6 an insurrection House Democrat: Republicans 'treating Capitol Police like shit' were 'the most scared' during riot 14 Republicans vote against making Juneteenth a federal holiday MORE (Ky.), who frequently clash with GOP leaders on separation-of-power issues; there were the moderate centrists — including Reps. Elise StefanikElise Marie StefanikWhite House denies pausing military aid package to Ukraine Canadian ambassador calls for close coordination in handling of US border Five takeaways on the Supreme Court's Obamacare decision MORE (N.Y.), Greg WaldenGregory (Greg) Paul WaldenLobbying world Give Republicans the climate credit they deserve Fox hires former GOP lawmaker Greg Walden as political consultant MORE (Ore.) and Cathy McMorris RodgersCathy McMorris RodgersNew Alzheimer's drug sparks backlash over FDA, pricing FDA approves first new Alzheimer's drug in almost 20 years OVERNIGHT ENERGY: Biden suspends Arctic oil leases issued under Trump |  Experts warn US needs to better prepare for hurricane season | Progressives set sights on Civilian Climate Corps MORE (Wash.) — who agreed with the Democrats’ legal argument that Trump is abusing his powers. And there was Rep. Will HurdWilliam Ballard HurdFirst Democrat jumps into key Texas House race to challenge Gonzales Will the real Lee Hamiltons and Olympia Snowes please stand up? The Hill's Morning Report - Presented by Facebook - Biden, Congress drawn into pipeline cyberattack, violence in Israel MORE (Texas), the only Republican representing a border district who has long-opposed Trump’s push for a lengthy and imposing border wall. 

Other GOP lawmakers who voted for the measure were Reps. Francis RooneyLaurence (Francis) Francis RooneyAllies of GOP leader vow to oust Liz Cheney Republican rips GOP lawmakers for voting by proxy from CPAC A party of ideas, not a cult of personality MORE (Fla.), Dusty Johnson (S.D.), Fred UptonFrederick (Fred) Stephen UptonFauci: Emails highlight confusion about Trump administration's mixed messages early in pandemic Why Republican politicians are sticking with Trump Progressives nearly tank House Democrats' Capitol security bill MORE (Mich.), Jaime Herrera BeutlerJaime Lynn Herrera BeutlerBiden needles GOP touting rescue plan they opposed: 'Some people have no shame' GOP leader's Jan. 6 call to Trump draws scrutiny in commission fight Progressives nearly tank House Democrats' Capitol security bill MORE (Wash.), Brian FitzpatrickBrian K. FitzpatrickCentrists gain foothold in infrastructure talks; cyber attacks at center of Biden-Putin meeting Overnight Health Care: Takeaways on the Supreme Court's Obamacare decision | COVID-19 cost 5.5 million years of American life | Biden administration investing billions in antiviral pills for COVID-19 COVID-19 long-haulers press Congress for paid family leave MORE (Pa.), Jim SensenbrennerFrank (Jim) James SensenbrennerProtecting the fundamental right of all Americans to have access to the voting booth Republicans compare Ron Johnson to Joe McCarthy: NYT GOP puts pressure on Pelosi over Swalwell MORE (Wis.) and Mike GallagherMichael (Mike) John GallagherBiden budget includes 0M to help agencies recover from SolarWinds hack in proposed budget GOP lawmaker calls for Wuhan probe to 'prevent the next pandemic' Lawmakers introduce bill to protect critical infrastructure against cyberattacks MORE (Wis.).

Another major group of GOP critics — the military hawks who were initially furious with Trump’s plan to shift billions of dollars from the Defense Department to build his wall — ultimately sided with the White House.

Under the National Emergencies Act, the Senate must vote on the resolution within 18 days. Because the law deems it “privileged,” opponents cannot filibuster the measure, meaning the Democratic supporters in the Senate need only four Republican votes to send the bill to Trump’s desk.

Passage in the upper chamber is not guaranteed but appears increasingly likely. Three GOP senators — Susan CollinsSusan Margaret CollinsCentrists gain foothold in infrastructure talks; cyber attacks at center of Biden-Putin meeting Biden struggles to detail post-withdrawal Afghanistan plans White House reiterates opposition to raising gas tax amid infrastructure debate MORE (Maine), Lisa MurkowskiLisa Ann MurkowskiCentrists gain foothold in infrastructure talks; cyber attacks at center of Biden-Putin meeting Democrats facing tough reelections back bipartisan infrastructure deal Trump endorses Murkowski challenger MORE (Alaska) and Thom TillisThomas (Thom) Roland TillisCentrists gain foothold in infrastructure talks; cyber attacks at center of Biden-Putin meeting Centrists gain leverage over progressives in Senate infrastructure battle Lawmakers rally around cyber legislation following string of attacks MORE (N.C.) — are already on record in support of the disapproval resolution, and a handful of others are leaning that way.

The president, for his part, has vowed in no uncertain terms to veto the resolution if it travels that far. Neither chamber is expected to have enough support to win a two-thirds vote to override the promised veto.

“They’re not going to be able to reverse this emergency declaration. But it does show that they’re in denial that there’s a crisis at the border,” House Minority Whip Steve ScaliseStephen (Steve) Joseph ScaliseHillicon Valley: Senate unanimously confirms Chris Inglis as first White House cyber czar | Scrutiny mounts on Microsoft's surveillance technology | Senators unveil bill to crack down on cyber criminals Five takeaways on the Supreme Court's Obamacare decision FCC votes to advance proposed ban on Chinese telecom equipment MORE (R-La.) told The Hill ahead of the vote.  

“Pelosi goes to the border and waves a Mexican flag saying there’s no crisis the same week that an illegal alien goes to Napa, right in her own backyard, and attacks a cop,” he continued. “I mean, it’s happening every day. There’s a real crisis and the president is taking steps to keep our country safe.”

Democrats are also vowing a legal challenge to Trump’s declaration, either by filing a suit of their own or piling on litigation already emerging from states and outside groups.

For the time being, they’re awaiting the outcome of the legislative battle before playing their legal hand.

Hoyer said Tuesday that, even if Trump’s veto is sustained, it will mark a political victory for Democrats.

“If he vetoes it, it will be another statement of his authoritarian inclinations,” Hoyer said. “So, I think we will have gained something.”