House votes to overturn Trump's emergency declaration

The House passed legislation Tuesday to block President TrumpDonald John TrumpUSPS warns Pennsylvania mail-in ballots may not be delivered in time to be counted Michael Cohen book accuses Trump of corruption, fraud Trump requests mail-in ballot for Florida congressional primary 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 CastroLawmakers of color urge Democratic leadership to protect underserved communities in coronavirus talks This week: Congress set for bipartisan coronavirus talks as clock ticks Sherman joins race for House Foreign Affairs gavel 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 PelosiSusan Collins asks postmaster general to address delays of 'critically needed mail' Trump says he'd sign bill funding USPS but won't seek changes to help mail voting On The Money: Senate leaves until September without coronavirus relief agreement | Weekly jobless claims fall below 1 million for first time since March | Trump says no Post Office funding means Democrats 'can't have universal mail-in voting' 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 JeffriesTrump says no Post Office funding means Democrats 'can't have universal mail-in voting' Jeffries on Senate coronavirus bill: 'Totally irrelevant' Gohmert tests positive for COVID-19 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 McCarthyQAnon-supporting congressional candidate embraced 9/11 conspiracy theory Win by QAnon believer creates new headaches for House GOP GOP leaders go into attack mode against Harris 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 KinzingerQAnon-supporting congressional candidate embraced 9/11 conspiracy theory Win by QAnon believer creates new headaches for House GOP Hillicon Valley: GOP lawmaker says 'no place in Congress' for QAnon after supporter's primary win | Uber CEO says app could temporarily shutdown in California if ruling upheld | Federal agency warns hackers targeting small business loan program 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 HoyerLawmakers of color urge Democratic leadership to protect underserved communities in coronavirus talks The Hill's Morning Report - Presented by Facebook - Trump to Democratic negotiators: 'They know my phone number' House will be out of session for additional week in September 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 AmashKudlow acknowledges executive orders may end up in court: 'We're going to go ahead with our actions anyways' Several GOP lawmakers express concern over Trump executive orders Peter Meijer wins GOP primary in Amash's Michigan district MORE (Mich.) and Thomas MassieThomas Harold MassieMassie plans to donate plasma after testing positive for COVID-19 antibodies Gaetz set to endorse primary opponent of fellow Florida GOP lawmaker The Hill's Morning Report - Presented by the Air Line Pilots Association - Progress slow on coronavirus bill MORE (Ky.), who frequently clash with GOP leaders on separation-of-power issues; there were the moderate centrists — including Reps. Elise StefanikElise Marie StefanikHouse Republicans introduce legislation to give states 0 million for elections The 'pitcher of warm spit' — Veepstakes and the fate of Mike Pence The Hill's Campaign Report: Biden, Obama reunite for socially distanced conversation MORE (N.Y.), Greg WaldenGregory (Greg) Paul WaldenHillicon Valley: Trump backs potential Microsoft, TikTok deal, sets September deadline | House Republicans request classified TikTok briefing | Facebook labels manipulated Pelosi video Top House Republicans request classified TikTok briefing Pelosi huddles with chairmen on surprise billing but deal elusive MORE (Ore.) and Cathy McMorris RodgersCathy McMorris RodgersHillicon Valley: Trump backs potential Microsoft, TikTok deal, sets September deadline | House Republicans request classified TikTok briefing | Facebook labels manipulated Pelosi video Top House Republicans request classified TikTok briefing More than 100 lawmakers urge IRS to resolve stimulus payment issues MORE (Wash.) — who agreed with the Democrats’ legal argument that Trump is abusing his powers. And there was Rep. Will HurdWilliam Ballard HurdHillicon Valley: 'Fortnite' owner sues Apple after game is removed from App Store | Federal agencies seize, dismantle cryptocurrency campaigns of major terrorist organizations Lawmakers introduce bill designating billion to secure state and local IT systems Democrats go big on diversity with new House recruits 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 - Presented by Facebook - Gohmert tests positive; safety fears escalate on Capitol Hill Pelosi to require masks on House floor Rooney becomes first House Republican to use proxy voting system MORE (Fla.), Dusty Johnson (S.D.), Fred UptonFrederick (Fred) Stephen UptonProgressives soaring after big primary night Michigan Rep. Fred Upton wins GOP primary The Hill's Coronavirus Report: GoDaddy CEO Aman Bhutani says DC policymakers need to do more to support ventures and 'solo-preneurs'; Federal unemployment benefits expire as coronavirus deal-making deadlocks MORE (Mich.), Jaime Herrera BeutlerJaime Lynn Herrera BeutlerGOP Rep. Jaime Herrera Beutler advances in Washington primary House votes to curtail Insurrection Act powers Cook shifts 20 House districts toward Democrats MORE (Wash.), Brian FitzpatrickBrian K. Fitzpatrick2020 Global Tiger Day comes with good news, but Congress still has work to do How Congress is preventing a Medicare bankruptcy during COVID-19 Overnight Energy: House passes major conservation bill, sending to Trump | EPA finalizes rule to speed up review of industry permits MORE (Pa.), Jim SensenbrennerFrank (Jim) James SensenbrennerScott Fitzgerald wins Wisconsin GOP primary to replace Rep. Jim Sensenbrenner Hillicon Valley: House panel grills tech CEOs during much anticipated antitrust hearing | TikTok to make code public as it pushes back against 'misinformation' | House Intel panel expands access to foreign disinformation evidence Five takeaways as panel grills tech CEOs MORE (Wis.) and Mike GallagherMichael (Mike) John GallagherHillicon Valley: 'Fortnite' owner sues Apple after game is removed from App Store | Federal agencies seize, dismantle cryptocurrency campaigns of major terrorist organizations Lawmakers introduce bill designating billion to secure state and local IT systems Congress has a shot at correcting Trump's central mistake on cybersecurity 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 CollinsSusan Collins asks postmaster general to address delays of 'critically needed mail' Senate leaves until September without coronavirus relief deal Trump: GOP senators who don't embrace him will 'lose their elections' MORE (Maine), Lisa MurkowskiLisa Ann MurkowskiOvernight Energy: EPA finalizes rollback of Obama-era oil and gas methane emissions standards | Democratic lawmakers ask Interior to require masks indoors at national parks | Harris climate agenda stresses need for justice Bipartisan senators ask congressional leadership to extend census deadline Davis: The Hall of Shame for GOP senators who remain silent on Donald Trump MORE (Alaska) and Thom TillisThomas (Thom) Roland TillisTrump: GOP senators who don't embrace him will 'lose their elections' The Hill's 12:30 Report - Speculation over Biden's running mate announcement Davis: The Hall of Shame for GOP senators who remain silent on Donald Trump 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 ScaliseWin by QAnon believer creates new headaches for House GOP Scott Fitzgerald wins Wisconsin GOP primary to replace Rep. Jim Sensenbrenner GOP leaders go into attack mode against Harris 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.”