GOP moves to rein in president's emergency powers

Republicans are digging in for a long fight over reining in the president's emergency powers, setting up a potential clash with both the White House and Democrats.

President TrumpDonald John TrumpDemocrats' CNN town halls exposed an extreme agenda Buttigieg says he doubts Sanders can win general election Post-Mueller, Trump has a good story to tell for 2020 MORE on Friday vetoed Congress’s attempt to block his national emergency on the U.S.-Mexico border wall. With neither chamber expected to have the votes to override his veto, the president is poised to win round one of his fight with lawmakers.

But Republicans are already setting their sights on making it easier to terminate future emergency declarations — setting up an intriguing round two.

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“It’s an institutional issue, it’s a congressional authorities issue. We have the power of the purse,” said Sen. Rob PortmanRobert (Rob) Jones PortmanSherrod Brown asks Trump Fed pick why he referred to Cleveland, Cincinnati as 'armpits of America' Senate Republicans tested on Trump support after Mueller GOP senator wears shirt honoring Otto Warmbier at Korean DMZ MORE (R-Ohio). “Under the National Emergencies Act, there was too much latitude that was given away … and we need to pull that back some and let it be used for legitimate national security purposes.”

Sen. Marco RubioMarco Antonio RubioDems plot aggressive post-Mueller moves, beginning with McGahn Senate Republicans tested on Trump support after Mueller Cuban negotiator says Trump's efforts to destabilize Cuba's government will fail MORE (R-Fla.) added that there is “unanimity” in the GOP conference about making changes to the law in the wake of the fight over Trump’s emergency declaration to construct the U.S.-Mexico border wall.

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellThe Hill's Morning Report - Will Joe Biden's unifying strategy work? Dems charge ahead on immigration Biden and Bernie set for clash MORE (R-Ky.) has tapped Sen. Ron JohnsonRonald (Ron) Harold JohnsonGOP senator: 'No problem' with Mueller testifying The Hill's Morning Report — Category 5 Mueller storm to hit today GOP senators double down on demand for Clinton email probe documents MORE (R-Wis.) to craft legislation in the Senate Homeland Security and Governmental Affairs Committee that could win the 60 votes needed for a bill to defeat a filibuster and ultimately pass the upper chamber.

Under the National Emergencies Act, Congress can force a vote on a resolution of disapproval if they want to try to block an emergency declaration. But a president can veto the resolution, setting up a difficult hurdle for Congress to overcome since a two-thirds majority vote in each chamber is needed to override a veto.

Even GOP senators who sided with Trump are interested in the broader issue.

“I would like to revisit the emergency powers that Congress has provided to the executive branch,” said Sen. Mike RoundsMarion (Mike) Michael RoundsGOP gets used to saying 'no' to Trump On The Money: Wells Fargo CEO steps down | Trump vows to keep funding for Special Olympics | House panel approves marijuana banking bill | Controversial Fed pick gains support in Senate Controversial Fed pick gains support in GOP Senate MORE (R-S.D.), who voted with Trump. “I do think it's going to be a healthy debate to have.”

McConnell told reporters after a closed-door conference lunch that there was “a lot of discomfort with the law” among Republicans and that they were “discussing” ways it could be altered.

“If Congress has grown uneasy with this law, as many have, then we should amend it. If the 116th Congress regrets the degree of flexibility that the 94th Congress gave the executive, the 116th Congress can do something about it,” McConnell added separately during a floor speech, announcing that he had asked Johnson to look into legislation on the issue.

Roughly a third of the Republican conference, including members of leadership, is already backing legislation from Sen. Mike LeeMichael (Mike) Shumway LeeKushner saying immigration plan will be 'neutral' on legal admissions: report DHS plan for face scanning at airports sparks alarm Dem super PAC campaign urges Republicans to back impeachment MORE (R-Utah) that would require Congress to pass a resolution approving future national emergency declarations within 30 days. Without the approval, the resolution would be terminated.

“I don’t know of any president that likes to give up power, but clearly Congress has been asleep at the switch,” said Sen. John CornynJohn CornynKushner saying immigration plan will be 'neutral' on legal admissions: report Cornyn campaign, Patton Oswalt trade jabs over comedian's support for Senate candidate MJ Hegar announces Texas Senate bid MORE (R-Texas), who voted with Trump but is supporting Lee’s legislation.

Sen. John KennedyJohn Neely KennedyMORE (R-La.) added that “there is a lot of people, myself included, who believe that the National Emergencies Act ... needs to be reformed.”

A battle with Republicans would just aggravate Trump's existing problems with Democrats, who are suing him in court and plan subsequent votes to challenge his declaration for the wall.

A Democratic aide said the House would hold a vote to override Trump’s veto on March 26; meanwhile, Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerMJ Hegar announces Texas Senate bid Hillicon Valley: House Dems subpoena full Mueller report | DOJ pushes back at 'premature' subpoena | Dems reject offer to view report with fewer redactions | Trump camp runs Facebook ads about Mueller report | Uber gets B for self-driving cars Dem legal analyst says media 'overplayed' hand in Mueller coverage MORE (D-N.Y.) said Democrats would force a vote on blocking Trump’s national emergency every six months.

“We've got to be real careful and whether it's legislatively or in court, fight him every step of the way,” Schumer said.

Trump, as part of a failed eleventh-hour plea to get Republicans to vote against the resolution of disapproval, signaled that he could support making future changes to the National Emergencies Act, despite refusing to accept a deal earlier in the week.

Johnson, asked about Trump’s penchant for changing his mind on the issue, stressed that he would seek input from the White House.

“We’re going to need him because we want the administration to be taking a look at any exemptions that we might need to take a look at when we reclaim that authority,” Johnson said.

He added that he thought the “basic concept” of Lee’s bill was “correct” and could “pass constitutional muster” but that he expected others would have ideas on what the final legislation should look like.

“There’s a lot more complexity to this,” he said. “We’ll have a lot of input.”

An aide confirmed that Sen. Rand PaulRandal (Rand) Howard PaulDem super PAC campaign urges Republicans to back impeachment Booker, Harris have missed most Senate votes Trump vetoes measure ending US support for Saudi-led war in Yemen MORE (R-Ky.) is working on legislation that could draw support from Democrats, who have been skeptical of the Lee bill.

House Speaker Nancy PelosiNancy Patricia D'Alesandro PelosiTrevor Noah on lack of Pelosi nickname from Trump: 'There is a reverence for her' Trump says he would challenge impeachment in Supreme Court The Hill's Morning Report - Will Joe Biden's unifying strategy work? MORE (D-Calif.) and Schumer both said their party would not back the Utah Republican’s bill.

But Schumer appeared to soften his stance slightly after Thursday’s Senate vote approving the resolution against Trump, saying he wanted to look at its details. Drew Hammill, a spokesman for Pelosi, also didn’t rule out legislation on Friday, saying, “House Committees are reviewing the President’s unlawful use of the National Emergencies Act.”

Sen. Dick DurbinRichard (Dick) Joseph DurbinDurbin calls Mueller report findings on Trump team 'troubling' Congress opens door to fraught immigration talks McConnell: 'Past time' for immigration-border security deal MORE (D-Ill.), the No. 2 Senate Democrat, predicted that Democrats would be “open” to changing the underlying law as long as it was separated from the fight over whether Republicans would back the resolution of disapproval.

“It doesn’t solve our current problem,” he added, “but it addresses the dilemma we face.”

Cristina Marcos contributed.