House votes to overturn Trump's emergency declaration

The House passed legislation Tuesday to block President TrumpDonald John TrumpBusiness school deans call for lifting country-specific visa caps Bolton told ex-Trump aide to call White House lawyers about Ukraine pressure campaign: report Federal prosecutors in New York examining Giuliani business dealings with Ukraine: report 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 CastroThe Hill's Campaign Report: Impeachment fight to take center stage at Dem debate The Hill's Campaign Report: Warren, Sanders overtake Biden in third-quarter fundraising Joaquin Castro volunteers to play his brother on 'SNL' 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 PelosiPelosi says Trump sanctions package on Turkey 'falls very short' Graham throws support behind Trump's Turkey sanctions Feehery: Trump may be down, but he's not out yet 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 JeffriesHouse chairman: Pompeo not complying with impeachment inquiry Sunday shows - Second whistleblower grabs spotlight Top House Democrat: 'We have Trump appointees who are clearly unnerved by the lawlessness of this president' 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 McCarthy10 top Republicans who continue to deny the undeniable Furious Republicans prepare to rebuke Trump on Syria Five ways Trump's Syria decision spells trouble 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 KinzingerGeorge Conway hits Republicans for not saying Trump's name while criticizing policy GOP lawmaker says Trump shows 'weakness' in Syria White House officials stand by Syria withdrawal, sanctions delay amid bipartisan pushback 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 HoyerHillicon Valley: Google, Reddit to testify on tech industry protections | Trump joins Amazon-owned Twitch | House to vote on bill to combat foreign interference Overnight Health Care — Presented by Coalition Against Surprise Medical Billing — Judge blocks Trump 'public charge' rule | Appeals court skeptical of Trump arguments for Medicaid work requirements | CDC offers guidance for treating vaping-related cases House to vote this month on legislation to combat foreign interference in elections 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 says he's happy not feeling 'bound to a particular party' Amash on Syria: Trump's not ending anything Trump says House Democrats 'unfortunately' have the votes to impeach MORE (Mich.) and Thomas MassieThomas Harold MassieO'Rourke gun confiscation talk alarms Democrats Scalise blasts Democratic legislation on gun reforms Airports already have plenty of infrastructure funding MORE (Ky.), who frequently clash with GOP leaders on separation-of-power issues; there were the moderate centrists — including Reps. Elise StefanikElise Marie StefanikCheney slated to introduce bill to place sanctions on Turkey Conservative lawmakers demand Schiff's recusal from Trump impeachment inquiry Bipartisan lawmakers who visited Syrian border slam Trump's 'rash decision' MORE (N.Y.), Greg WaldenGregory (Greg) Paul WaldenCBO: Pelosi bill to lower drug prices saves Medicare 5 billion Trump official declines to testify on trade protections for tech platforms House panel asks Trump trade official to testify on legal protections for tech platforms 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 HurdDemocrats claim new momentum from intelligence watchdog testimony Romney: Trump requesting Biden investigation from China, Ukraine 'wrong and appalling' GOP lawmaker: 'It is terrible' for Trump to call on China to probe Biden 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 RooneyMomentum is growing to fight climate change by pricing carbon Bill Weld on climate change: Let the market decide Overnight Energy: House moves to block Trump drilling | House GOP rolls out proposal to counter offshore drilling ban | calls mount for NOAA probe MORE (Fla.), Dusty Johnson (S.D.), Fred UptonFrederick (Fred) Stephen UptonGOP group calls out five House Republicans to speak up on Ukraine House passes bill to revamp medical screenings for migrants at border Energy efficiency cannot be a partisan issue for Washington MORE (Mich.), Jaime Herrera BeutlerJaime Lynn Herrera BeutlerGOP group calls out five House Republicans to speak up on Ukraine Dems push to revive Congress' tech office Bill allowing Congress to hire Dreamers advances MORE (Wash.), Brian FitzpatrickBrian K. FitzpatrickThe Hill's 12:30 Report — Presented by USAA — Ex-Ukraine ambassador testifies Trump pushed for her ouster GOP group calls out five House Republicans to speak up on Ukraine On The Money: Senate confirms Scalia as Labor chief | Bill with B in wall funding advanced over Democrats' objections | Lawyers reach deal to delay enforcement of NY tax return subpoena MORE (Pa.), Jim SensenbrennerFrank (Jim) James SensenbrennerHere are the lawmakers who aren't seeking reelection in 2020 Republicans pour cold water on Trump's term limit idea Trump calls on House Republicans to let committee chairs stay on the job longer MORE (Wis.) and Mike GallagherMichael (Mike) John GallagherOn The Money: Fed officials saw rising risk of recession | Ocasio-Cortez, Cruz blast NBA for 'outrageous' response to China | Prospects dim for trade breakthrough with China Ocasio-Cortez, Ted Cruz join colleagues blasting NBA for 'outrageous' response to China Showing consumers health care pricing could lower costs 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 Collins10 top Republicans who continue to deny the undeniable GOP braces for impeachment brawl Furious Republicans prepare to rebuke Trump on Syria MORE (Maine), Lisa MurkowskiLisa Ann MurkowskiGOP braces for impeachment brawl Murkowski warns against rushing to conclusions on Trump impeachment GOP requests update on criminal referrals prompted by 2018 Kavanaugh probe MORE (Alaska) and Thom TillisThomas (Thom) Roland TillisTillis says impeachment is 'a waste of resources' GOP requests update on criminal referrals prompted by 2018 Kavanaugh probe The Hill's Campaign Report: Warren, Sanders overtake Biden in third-quarter fundraising 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 ScaliseFurious Republicans prepare to rebuke Trump on Syria Five ways Trump's Syria decision spells trouble Cheney slated to introduce bill to place sanctions on Turkey 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.”