House votes to overturn Trump's emergency declaration

The House passed legislation Tuesday to block President TrumpDonald John TrumpHarris bashes Kavanaugh's 'sham' nomination process, calls for his impeachment after sexual misconduct allegation Celebrating 'Hispanic Heritage Month' in the Age of Trump Let's not play Charlie Brown to Iran's Lucy 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.

ADVERTISEMENT

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 CastroIt's legal to tweet the names of all of Trump's donors, but it's probably not a good idea The exhaustion of Democrats' anti-Trump delusions Juan Williams: Democrats finally hit Trump where it hurts 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 PelosiProgressives call for impeachment inquiry after reported Kavanaugh allegations The promise and peril of offshoring prescription drug pricing Words matter, except to Democrats, when it involves impeaching Trump 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 JeffriesWords matter, except to Democrats, when it involves impeaching Trump Democrats face key moment on impeachment drive Top House Democrat walks back remarks contradicting Judiciary on impeachment inquiry 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.

ADVERTISEMENT

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 Owen McCarthyPence extends olive branch to Cummings after Trump's Baltimore attacks Marijuana industry donations to lawmakers surge in 2019: analysis McCarthy: Trump traveling to Baltimore shows he cares about the city 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 KinzingerBolton returns to political group after exiting administration Overnight Defense: Trump ousts Bolton in shocker | Fallout, reaction from GOP senators | Senate spending talks in chaos | Dems eye vote to nix Trump border emergency The Hill's 12:30 Report: Bolton out as national security adviser 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 HoyerWords matter, except to Democrats, when it involves impeaching Trump Nadler: Impeachment inquiry a 'made-up term' but it's essentially 'what we are doing' Young insurgents aren't rushing to Kennedy's side in Markey fight 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: 'Bolton never should have been hired' Romney: Bolton firing 'a huge loss' for nation Amash says Sanford presidential bid won't impact decision on whether he runs in 2020 MORE (Mich.) and Thomas MassieThomas Harold MassieAirports already have plenty of infrastructure funding Overnight Defense: House votes to block Trump arms sales to Saudis, setting up likely veto | US officially kicks Turkey out of F-35 program | Pentagon sending 2,100 more troops to border House votes to block Trump's Saudi arms sale MORE (Ky.), who frequently clash with GOP leaders on separation-of-power issues; there were the moderate centrists — including Reps. Elise StefanikElise Marie StefanikBarbra Streisand calls for end to 'antiquated' Electoral College Republican lawmakers ask Trump not to delay Pentagon cloud-computing contract Rising number of GOP lawmakers criticize Trump remarks about minority Dems MORE (N.Y.), Greg WaldenGregory (Greg) Paul WaldenHotel industry mounts attack on Airbnb with House bill Wave of GOP retirements threatens 2020 comeback Push on 'surprise' medical bills hits new roadblocks MORE (Ore.) and Cathy McMorris RodgersCathy McMorris RodgersSocial determinants of health — health care isn't just bugs and bacteria Lawmakers deride FTC settlement as weak on Facebook Overnight Energy: Fight over fuel standards intensifies | Democrats grill Trump officials over rule rollback | California official blasts EPA chief over broken talks | Former EPA official says Wheeler lied to Congress MORE (Wash.) — who agreed with the Democrats’ legal argument that Trump is abusing his powers. And there was Rep. Will HurdWilliam Ballard HurdPelosi: GOP retirements indicate they'll be in the minority, with Democrat in the White House Wave of GOP retirements threatens 2020 comeback Texas Republicans sound alarm about rapidly evolving state 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 RooneyOvernight Energy: House moves to block Trump drilling | House GOP rolls out proposal to counter offshore drilling ban | calls mount for NOAA probe House approves two bills to block Trump drilling This week: Congress returns for first time since mass shootings MORE (Fla.), Dusty Johnson (S.D.), Fred UptonFrederick (Fred) Stephen UptonRepublicans pour cold water on Trump's term limit idea The Hill's Morning Report - Can Trump save GOP in North Carolina special election? Wave of GOP retirements threatens 2020 comeback MORE (Mich.), Jaime Herrera BeutlerJaime Lynn Herrera BeutlerDems push to revive Congress' tech office Bill allowing Congress to hire Dreamers advances House fails to override Trump veto on border wall MORE (Wash.), Brian FitzpatrickBrian K. FitzpatrickHouse Democrats targeting six more Trump districts for 2020 Ensuring quality health care for those with intellectual disabilities and autism House Democrats target 2020 GOP incumbents in new ad MORE (Pa.), Jim SensenbrennerFrank (Jim) James SensenbrennerRepublicans pour cold water on Trump's term limit idea Trump calls on House Republicans to let committee chairs stay on the job longer Wave of GOP retirements threatens 2020 comeback MORE (Wis.) and Mike GallagherMichael (Mike) John Gallagher2020 Democrats raise alarm about China's intellectual property theft Bipartisan panel to issue recommendations for defending US against cyberattacks early next year Overnight Defense: House votes to block Trump arms sales to Saudis, setting up likely veto | US officially kicks Turkey out of F-35 program | Pentagon sending 2,100 more troops to border 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 Collins The 13 Republicans needed to pass gun-control legislation Congress passes bill to begin scenic byways renaissance Senators say Trump open to expanding background checks MORE (Maine), Lisa MurkowskiLisa Ann Murkowski The 13 Republicans needed to pass gun-control legislation Overnight Energy: Trump administration to repeal waterway protections| House votes to block drilling in Arctic refuge| Administration takes key step to open Alaskan refuge to drilling by end of year Overnight Health Care: Juul's lobbying efforts fall short as Trump moves to ban flavored e-cigarettes | Facebook removes fact check from anti-abortion video after criticism | Poll: Most Democrats want presidential candidate who would build on ObamaCare MORE (Alaska) and Thom TillisThomas (Thom) Roland Tillis The 13 Republicans needed to pass gun-control legislation Bolton returns to political group after exiting administration Tillis places big ad buy as he faces wealthy GOP challenger 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 ScaliseOn The Money: Senate panel scraps vote on key spending bill amid standoff | Democrats threaten to vote against defense bill over wall funding | Trump set to meet with aides about reducing capital gains taxes Overnight Energy: House moves to block Trump drilling | House GOP rolls out proposal to counter offshore drilling ban | calls mount for NOAA probe House GOP rolls out energy proposal to counter Democrats offshore drilling ban 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.”