House votes to overturn Trump's emergency declaration

The House passed legislation Tuesday to block President TrumpDonald John Trump5 things to know about Boris Johnson Conservatives erupt in outrage against budget deal Trump says Omar will help him win Minnesota 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 CastroElection security to take back seat at Mueller hearing Immigrants on edge over prospect of ICE raids Here are the 95 Democrats who voted to support 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 PelosiConservatives erupt in outrage against budget deal Grassley, Wyden reach deal to lower drug prices Why do Republicans keep trying to outspend Democrats in Congress? 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 JeffriesWendy Davis launches bid for Congress in Texas 3,100 to be released from prison under criminal justice reform law House Democrats delete tweets attacking each other, pledge to unify 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 McCarthyThe Hill's Morning Report — Trump applauds two-year budget deal with 0 billion spending hike On The Money: Trump, Congress reach two-year budget, debt limit deal | What we know | Deal gets pushback from conservatives | Equifax to pay up to 0M in data breach settlement | Warren warns another 'crash' is coming Overnight Defense: Iran's spy claim adds to tensions with US | Trump, lawmakers get two-year budget deal | Trump claims he could win Afghan war in a week 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 Kinzinger GOP lawmaker decries 'send her back' chants: 'This ugliness must end' House panel advances bill to protect elections from foreign interference GOP lawmakers say Trump wrong to criticize Biden in Japan 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 Problem Solvers are bringing real change to Congress Israel vote will expose Democratic divisions This week: Mueller dominates chaotic week on Capitol Hill 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 AmashPelosi, Democrats launch Mueller messaging blitz Conservative former NFL player says Trump met with him to discuss 'black America' Democratic senator slams DeVos: 'I think we should send her back' MORE (Mich.) and Thomas MassieThomas Harold MassieOvernight 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 The 27 Republicans who voted with Democrats to block Trump from taking military action against Iran MORE (Ky.), who frequently clash with GOP leaders on separation-of-power issues; there were the moderate centrists — including Reps. Elise StefanikElise Marie StefanikRepublican lawmakers ask Trump not to delay Pentagon cloud-computing contract Rising number of GOP lawmakers criticize Trump remarks about minority Dems Overnight Defense: Woman accusing general of sexual assault willing to testify | Joint Chiefs pick warns against early Afghan withdrawal | Tensions rise after Iran tries to block British tanker MORE (N.Y.), Greg WaldenGregory (Greg) Paul WaldenEquifax breach settlement sparks criticism Overnight Energy: EPA expands use of pesticide it considers 'highly toxic' to bees | House passes defense bill with measure targeting 'forever chemicals' | Five things to watch as Barry barrels through the Gulf House passes bill to crack down on toxic 'forever chemicals' MORE (Ore.) and Cathy McMorris RodgersCathy McMorris RodgersOvernight 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 EPA head clashes with California over how car emissions negotiations broke down Lawmakers celebrate 100th anniversary of women getting the right to vote MORE (Wash.) — who agreed with the Democrats’ legal argument that Trump is abusing his powers. And there was Rep. Will HurdWilliam Ballard HurdJuan Williams: Trump fans the flames of white grievance Al Green says impeachment is 'only solution' to Trump's rhetoric Trump primary challenger Bill Weld responds to rally chants: 'We are in a fight for the soul of the GOP' 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 RooneyThe Hill's Morning Report: Trump walks back from 'send her back' chants House approves bill raising minimum wage to per hour The 27 Republicans who voted with Democrats to block Trump from taking military action against Iran MORE (Fla.), Dusty Johnson (S.D.), Fred UptonFrederick (Fred) Stephen UptonAl Green says impeachment is 'only solution' to Trump's rhetoric Trump primary challenger Bill Weld responds to rally chants: 'We are in a fight for the soul of the GOP' Democratic strategist on Trump tweets: 'He's feeding this fear and hate' 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 lawmakers introduce bill to help those struggling with student debt The Hill's Morning Report: Trump walks back from 'send her back' chants Al Green says impeachment is 'only solution' to Trump's rhetoric MORE (Pa.), Jim SensenbrennerFrank (Jim) James SensenbrennerTech executives to take hot seat at antitrust hearing Big tech braces for antitrust crackdown 58 GOP lawmakers vote against disaster aid bill MORE (Wis.) and Mike GallagherMichael (Mike) John GallagherOvernight 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 Lawmakers introduce bill to block U.S. companies from doing business with Huawei 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 CollinsPoll: McConnell is most unpopular senator Hillicon Valley: Lawmakers struggle to understand Facebook's Libra project | EU hits Amazon with antitrust probe | New cybersecurity concerns over census | Robocall, election security bills head to House floor | Privacy questions over FaceApp Trump angry more Republicans haven't defended his tweets: report MORE (Maine), Lisa MurkowskiLisa Ann MurkowskiPoll: McConnell is most unpopular senator Overnight Defense: Highlights from Defense pick's confirmation hearing | Esper spars with Warren over ethics | Sidesteps questions on Mattis vs. Trump | Trump says he won't sell F-35s to Turkey Epstein charges show Congress must act to protect children from abuse MORE (Alaska) and Thom TillisThomas (Thom) Roland TillisThe Hill's Morning Report — Trump applauds two-year budget deal with 0 billion spending hike Republicans scramble to contain Trump fallout McConnell says Trump is not a racist, but calls for better rhetoric 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 ScaliseThe Memo: Fears of violence grow amid Trump race storm Democrats call for increased security after 'send her back' chants Democratic strategist on Trump tweets: 'He's feeding this fear and hate' 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.”