House votes to overturn Trump's emergency declaration

The House passed legislation Tuesday to block President TrumpDonald John TrumpNASA exec leading moon mission quits weeks after appointment The Hill's Morning Report — After contentious week, Trump heads for Japan Frustration boils over with Senate's 'legislative graveyard' 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 CastroHispanics still thriving with the economic growth of Trump era Pelosi employs committee chairs to tamp down calls for Trump impeachment Pelosi faces tipping point on Trump impeachment 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 PelosiThe Hill's Morning Report — After contentious week, Trump heads for Japan Frustration boils over with Senate's 'legislative graveyard' Trump-Pelosi fight threatens drug pricing talks 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 JeffriesThe Hill's Morning Report - Pelosi remains firm despite new impeachment push Overnight Defense: Trump officials say efforts to deter Iran are working | Trump taps new Air Force secretary | House panel passes defense bill that limits border wall funds House Democrats press leaders to start Trump impeachment 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 Owen McCarthyRepublicans spend more than million at Trump properties The Hill's 12:30 Report: Pelosi fires back in feud with Trump The Hill's Morning Report - Trump says no legislation until Dems end probes 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 KinzingerOvernight Defense: Trump officials say efforts to deter Iran are working | Trump taps new Air Force secretary | House panel passes defense bill that limits border wall funds Trump taps new Air Force secretary The Hill's 12:30 Report: Alabama abortion bill revives national debate 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 HoyerSteyer plans impeachment push targeting Democrats over recess The Hill's Morning Report - Pelosi remains firm despite new impeachment push Pelosi faces tipping point on Trump impeachment 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 AmashEx-GOP lawmaker pens op-ed calling for Trump to be impeached On The Money: Senate passes disaster aid bill after deal with Trump | Trump to offer B aid package for farmers | House votes to boost retirement savings | Study says new tariffs to double costs for consumers Amash: Some of Trump's actions 'were inherently corrupt' MORE (Mich.) and Thomas MassieThomas Harold MassieOn The Money: Senate passes disaster aid bill after deal with Trump | Trump to offer B aid package for farmers | House votes to boost retirement savings | Study says new tariffs to double costs for consumers Republicans attempt to amend retirement savings bill to include anti-BDS language House votes to boost retirement savings MORE (Ky.), who frequently clash with GOP leaders on separation-of-power issues; there were the moderate centrists — including Reps. Elise StefanikElise Marie StefanikHillicon Valley: Lawmakers seek 'time out' on facial recognition tech | DHS asks cybersecurity staff to volunteer for border help | Judge rules Qualcomm broke antitrust law | Bill calls for 5G national security strategy Bipartisan House bill calls for strategy to protect 5G networks from foreign threats Here are the eight Republicans who voted with Democrats on the Equality Act MORE (N.Y.), Greg WaldenGregory (Greg) Paul WaldenOvernight Health Care — Presented by PCMA — Senators unveil sweeping bipartisan health care package | House lawmakers float Medicare pricing reforms | Dems offer bill to guarantee abortion access Here are the eight Republicans who voted with Democrats on the Equality Act House approves anti-LGBT discrimination Equality Act MORE (Ore.) and Cathy McMorris RodgersCathy McMorris RodgersLawmakers celebrate 100th anniversary of women getting the right to vote The GOP's commitment to electing talented women can help party retake the House McCain and Dingell: Inspiring a stronger Congress MORE (Wash.) — who agreed with the Democrats’ legal argument that Trump is abusing his powers. And there was Rep. Will HurdWilliam Ballard HurdDemocrats talk subpoena for Mueller Here are the eight Republicans who voted with Democrats on the Equality Act House approves anti-LGBT discrimination Equality Act 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 RooneyHillicon Valley: Lawmakers seek 'time out' on facial recognition tech | DHS asks cybersecurity staff to volunteer for border help | Judge rules Qualcomm broke antitrust law | Bill calls for 5G national security strategy Oil companies join blitz for carbon tax Bipartisan House bill calls for strategy to protect 5G networks from foreign threats MORE (Fla.), Dusty Johnson (S.D.), Fred UptonFrederick (Fred) Stephen UptonThirty-four GOP members buck Trump on disaster bill Overnight Health Care: Lawmakers get deal to advance long-stalled drug pricing bill | House votes to condemn Trump's anti-ObamaCare push | Eight House Republicans join with Dems | Trump officials approve Medicaid expansion in Maine The 8 Republicans who voted against Trump's anti-ObamaCare push 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. FitzpatrickHere are the eight Republicans who voted with Democrats on the Equality Act House approves anti-LGBT discrimination Equality Act This week: House to vote on bill to ban LGBTQ discrimination MORE (Pa.), Jim SensenbrennerFrank (Jim) James Sensenbrenner2020 Dems put spotlight on disabilities issues House fails to override Trump veto on border wall The 25 Republicans who defied Trump on emergency declaration MORE (Wis.) and Mike GallagherMichael (Mike) John GallagherConnecticut radio station rebrands itself 'Trump 103.3' The Hill's Morning Report - Presented by Pass USMCA Coalition - Restrictive state abortion laws ignite fiery 2020 debate Sinema, Gallagher fastest lawmakers in charity race 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 CollinsThe Hill's Morning Report - Trump says no legislation until Dems end probes Collins offering bill to boost battery research as GOP pushes energy 'innovation' Biden says Congress must move to protect abortion rights MORE (Maine), Lisa MurkowskiLisa Ann MurkowskiMurkowski celebrates birthday with electric scooter ride Overnight Energy: Park Service plans to pay full-time staff through entrance fees | Oil companies join blitz for carbon tax | Interior chief takes heat for saying he hasn't 'lost sleep' over climate change Democrats grill Trump Interior chief for saying he hasn't 'lost sleep' over climate change MORE (Alaska) and Thom TillisThomas (Thom) Roland TillisThe Hill's Morning Report — After contentious week, Trump heads for Japan Collins offering bill to boost battery research as GOP pushes energy 'innovation' Lawmakers call for investigation after census hired registered sex offender 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 ScaliseSenate passes disaster aid bill after deal with Trump Amash storm hits Capitol Hill Trump hits Amash after congressman doubles down on impeachment talk 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.”