House votes to overturn Trump's emergency declaration

The House passed legislation Tuesday to block President TrumpDonald John TrumpDem senator says Zelensky was 'feeling the pressure' to probe Bidens 2020 Dems slam Trump decision on West Bank settlements Trump calls latest impeachment hearings 'a great day for Republicans' 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 CastroCastro tweaks brother's beard: 'If I knew it'd look like that I wouldn't have suggested it' Live coverage: House holds third day of public impeachment hearings Live coverage: Ex-Ukraine ambassador testifies in public impeachment hearing 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 PelosiOvernight Health Care: GOP senator says drug price action unlikely this year | House panel weighs ban on flavored e-cigs | New York sues Juul Five things to know about Tuesday's impeachment hearings McConnell hopes Senate impeachment trial 'not too lengthy a process' 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 JeffriesUSMCA deal close, but not 'imminent,' Democrats say House Democrat's Halloween display mourns passed bills that die in McConnell's 'legislative graveyard' Democrats unveil impeachment procedures 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 McCarthyFormer Speaker Boehner's official portrait unveiled Saagar Enjeti blasts alleged Epstein cover-up by media Harris introduces bill to prevent California wildfires 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 KinzingerLawmakers spar over surveillance flight treaty with Russia Honoring service before self House approves Turkey sanctions in rare bipartisan rebuke of Trump 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 HoyerHouse passes stopgap as spending talks stall This week: Round 2 of House impeachment inquiry hearings Lawmakers skeptical of progress on spending deal as wall battle looms 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 AmashTrump allies assail impeachment on process while House Democrats promise open hearings soon Hoyer: We are going to move as fast 'as the facts and truth dictate' on open hearings Conway spars with Wallace on whether White House will cooperate with impeachment inquiry after formal vote MORE (Mich.) and Thomas MassieThomas Harold MassieGOP lawmaker says newly-released Butina was jailed due to 'Russophobia' O'Rourke gun confiscation talk alarms Democrats Scalise blasts Democratic legislation on gun reforms MORE (Ky.), who frequently clash with GOP leaders on separation-of-power issues; there were the moderate centrists — including Reps. Elise StefanikElise Marie StefanikTrump calls latest impeachment hearings 'a great day for Republicans' Conway and Haley get into heated feud: 'You'll say anything to get the vice-presidential nomination' Impeachment hearings likely to get worse for Republicans MORE (N.Y.), Greg WaldenGregory (Greg) Paul WaldenHillicon Valley: Twitter shares more details on political ad rules | Supreme Court takes up Google-Oracle fight | Pentagon chief defends Microsoft cloud contract House, Senate announce agreement on anti-robocall bill House panel advances flavored e-cigarette ban MORE (Ore.) and Cathy McMorris RodgersCathy McMorris RodgersShimkus announces he will stick with plan to retire after reconsidering Bipartisan group reveals agricultural worker immigration bill DC's liaison to rock 'n' roll MORE (Wash.) — who agreed with the Democrats’ legal argument that Trump is abusing his powers. And there was Rep. Will HurdWilliam Ballard HurdImpeachment hearings likely to get worse for Republicans The Hill's 12:30 Report: Democrats open televised impeachment hearings Here are the key players to watch at impeachment hearing 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 RooneyBipartisan Senate climate caucus grows by six members House Democrat: Taylor's impeachment testimony made 'very clear' there was a quid pro quo New bipartisan Senate climate caucus aims to take 'politics' out of the topic MORE (Fla.), Dusty Johnson (S.D.), Fred UptonFrederick (Fred) Stephen UptonShimkus says he's reconsidering retirement Shimkus says he's been asked to reconsider retirement Trump urges GOP to fight for him MORE (Mich.), Jaime Herrera BeutlerJaime Lynn Herrera BeutlerGOP lawmakers offer new election security measure GOP group calls out five House Republicans to speak up on Ukraine Dems push to revive Congress' tech office MORE (Wash.), Brian FitzpatrickBrian K. FitzpatrickMark Ruffalo brings fight against 'forever chemicals' to Capitol Hill Hillicon Valley: Critics press feds to block Google, Fitbit deal | Twitter takes down Hamas, Hezbollah-linked accounts | TikTok looks to join online anti-terrorism effort | Apple pledges .5B to affordable housing Twitter takes down Hamas, Hezbollah-affiliated accounts after lawmaker pressure MORE (Pa.), Jim SensenbrennerFrank (Jim) James SensenbrennerAmash: Some retiring GOP lawmakers may reenter politics once Trump is gone FTC Democrat raises concerns that government is 'captured' by large tech companies Hillicon Valley: FCC approves T-Mobile-Sprint merger | Dems wrangle over breaking up Big Tech at debate | Critics pounce as Facebook's Libra stumbles | Zuckerberg to be interviewed by Fox News | Twitter details rules for political figures' tweets MORE (Wis.) and Mike GallagherMichael (Mike) John GallagherColorado rep planning sunrise run to possible sites for military memorial Progressive freshmen jump into leadership PAC fundraising Hillicon Valley: GOP lawmakers offer election security measure | FTC Dem worries government is 'captured' by Big Tech | Lawmakers condemn Apple over Hong Kong censorship 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 Collins2020 Republicans accuse Schumer of snubbing legislation Key Republicans say Biden can break Washington gridlock Feehery: Pivoting to infrastructure could help heal post-impeachment wounds MORE (Maine), Lisa MurkowskiLisa Ann MurkowskiKey Republicans say Biden can break Washington gridlock Impeachment hearings don't move needle with Senate GOP Hillicon Valley: Federal inquiry opened into Google health data deal | Facebook reports millions of post takedowns | Microsoft shakes up privacy debate | Disney plus tops 10M sign-ups in first day MORE (Alaska) and Thom TillisThomas (Thom) Roland TillisFeehery: Pivoting to infrastructure could help heal post-impeachment wounds Progressive group to spend as much as M to turn out young voters This week: House kicks off public phase of impeachment inquiry 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 ScaliseChris Wallace: Trump testifying 'would be akin to Prince Andrew testifying about his relationship with Jeffrey Epstein' Fox's Neil Cavuto rips into Trump over attacks on Chris Wallace's impeachment coverage This week: Round 2 of House impeachment inquiry hearings 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.”