House votes to overturn Trump's emergency declaration

The House passed legislation Tuesday to block President TrumpDonald John TrumpTrump: 'I will not let Iran have nuclear weapons' Rocket attack hits Baghdad's Green Zone amid escalating tensions: reports Buttigieg on Trump tweets: 'I don't care' 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 Castro Dems brush off unemployment rate, say Hispanics will reject Trump in 2020 Lawmakers renew push to create American Latino Smithsonian museum Joaquin Castro won't run for Senate in Texas 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 Patricia D'Alesandro PelosiPelosi receives John F. Kennedy Profile in Courage Award Dems walk Trump trade tightrope Tlaib calls on Amash to join impeachment resolution 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 Jeffries Winter is here: How 'Game of Thrones' took over American politics The CASE Act is an opportunity for creators to have rights and remedies Dems struggle to make Trump bend on probes 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 McCarthyOn The Money: Treasury rejects Dem subpoena for Trump tax returns | Companies warn trade war about to hit consumers | Congress, White House to launch budget talks next week | Trump gets deal to lift steel tariffs on Mexico, Canada Congressional leaders to launch budget talks with White House RNC chair on Alabama abortion bill: I would have exceptions for rape, incest 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 KinzingerThe Hill's 12:30 Report: Alabama abortion bill revives national debate GOP lawmaker on China trade war: 'It's not great for farmers' Thirty-four GOP members buck Trump on disaster bill 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 Hoyer5 things to watch as Trump, Dems clash over investigations GOP lawmaker: Trump has engaged in multiple actions that 'meet the threshold for impeachment' Maxine Waters: Parts of Trump immigration plan are 'very racist' 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 AmashClash with Trump marks latest break with GOP leaders for Justin Amash Trump fires back at 'loser' GOP lawmaker who said he'd engaged in 'impeachable conduct' Romney: Justin Amash 'reached a different conclusion' than I did on impeachment MORE (Mich.) and Thomas MassieThomas Harold MassieGOP lawmaker doubles down on criticizing Kerry's political science degree as not 'science' John Kerry fires back at GOP congressman questioning his 'pseudoscience' degree Overnight Energy: John Kerry hits Trump over climate change at hearing | Defends Ocasio-Cortez from GOP attacks | Dems grill EPA chief over auto emissions rollback plan MORE (Ky.), who frequently clash with GOP leaders on separation-of-power issues; there were the moderate centrists — including Reps. Elise StefanikElise Marie StefanikHere are the eight Republicans who voted with Democrats on the Equality Act House approves anti-LGBT discrimination Equality Act The GOP's commitment to electing talented women can help party retake the House MORE (N.Y.), Greg WaldenGregory (Greg) Paul WaldenHere are the eight Republicans who voted with Democrats on the Equality Act House approves anti-LGBT discrimination Equality Act Overnight Health Care — Presented by Campaign for Accountability — House passes drug pricing bills amid ObamaCare row | Senate Republicans running away from Alabama abortion law | Ocasio-Cortez confronts CEO over K drug price tag MORE (Ore.) and Cathy McMorris RodgersCathy McMorris RodgersThe GOP's commitment to electing talented women can help party retake the House McCain and Dingell: Inspiring a stronger Congress Regulators implore Congress for more privacy powers MORE (Wash.) — who agreed with the Democrats’ legal argument that Trump is abusing his powers. And there was Rep. Will HurdWilliam Ballard HurdHere are the eight Republicans who voted with Democrats on the Equality Act House approves anti-LGBT discrimination Equality Act Iraq War vet Ortiz Jones sets up rematch against Hurd in Texas 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 RooneyOvernight Energy: Bipartisan climate caucus eyes litmus test for new members| Green groups want freeze on Keystone construction| Bernhardt sworn in as Secretary of Interior Overnight Energy: Bipartisan climate caucus eyes litmus test for new members | Greens want freeze on Keystone construction | Bernhardt sworn in as Interior chief Bipartisan climate caucus eyes litmus test for new members 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 SensenbrennerHouse fails to override Trump veto on border wall The 25 Republicans who defied Trump on emergency declaration Hillicon Valley: US threatens to hold intel from Germany over Huawei | GOP senator targets FTC over privacy | Bipartisan bill would beef up 'internet of things' security | Privacy groups seize on suspended NSA program | Tesla makes U-turn 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 — Presented by Pass USMCA Coalition — Trump: GOP has `clear contrast' with Dems on immigration Overnight Health Care — Presented by Campaign for Accountability — House passes drug pricing bills amid ObamaCare row | Senate Republicans running away from Alabama abortion law | Ocasio-Cortez confronts CEO over K drug price tag Colorado secretary of state bans employees from traveling to Alabama after abortion law MORE (Maine), Lisa MurkowskiLisa Ann MurkowskiOvernight Health Care — Presented by Campaign for Accountability — House passes drug pricing bills amid ObamaCare row | Senate Republicans running away from Alabama abortion law | Ocasio-Cortez confronts CEO over K drug price tag Senate Republicans running away from Alabama abortion law Bipartisan senators unveil measure to end surprise medical bills MORE (Alaska) and Thom TillisThomas (Thom) Roland TillisLawmakers call for investigation after census hired registered sex offender Dem Senate campaign arm hits GOP lawmakers over Trump tax law Graham encourages Donald Trump Jr. to plead the Fifth 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 ScaliseTrump encouraged Scalise to run for governor in Louisiana: report We owe a debt of gratitude to all our police officers and their families House votes to extend flood insurance program 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.”