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In a comment that could be used to challenge his national emergency declaration on the construction of a border wall, President Donald Trump told reporters: "I did not need to do it, but I would prefer to do it much faster. " (February 15)
AP
WASHINGTON – The House will vote Tuesday on a resolution that would block the national emergency of President Donald Trump along the southern border.
Trump declared a national emergency this month after Congress sent the president a bipartisan funding bill that did not meet his $ 5.7 billion request for the construction of a wall along the US-Mexican border. Trump said he wants to release billions of other sources to pay for the obstacle.
Democrats said the resolution was unconstitutional and would use a provision of the National Emergencies Act to try to end the president's term.
"If the president succeeds in getting out of it, rest assured that he will come back, he will try again, probably on other points, as well as the future presidents.The Congress must take measures", said Rep. Joaquin Castro of Texas. Democrat leading the effort.
This decision puts Republicans in an awkward position as many urged Trump not to declare a national emergency.
House Speaker Nancy Pelosi said Monday that the vote was "to defend our democracy" and she hoped the Republicans would join the Democrats.
"This is not about politics, nor partisanship, but patriotism," said the California Democrat.
Can Congress stop the emergency declaration?
Technically yes. If the House and the Senate were to pass the resolution and the chair was to sign the bill, it would put an end to the national emergency. But the chances of this happening are almost non-existent.
Trump believes that declaring a national emergency is part of his constitutional rights, and he vowed "100%" to veto legislation if it reaches Congress.
The House and the Senate would then need the assistance of two-thirds of the legislators present to cancel Trump's veto, a difficult task. In the current state of affairs, only a few Republicans have publicly announced their intention to vote with Democrats on this issue.
A woman walks on the beach next to a border fence in Tijuana, Mexico on January 9, 2019. President Donald Trump has declared a national emergency to secure billions of dollars in order to build more barriers along the way. the US-Mexico border and the democrats are trying to end the declaration. (Photo11: Gregory Bull, AP)
Which Republicans have said that they would support the measure?
The House version of the resolution counted well over 200 co-sponsors Monday afternoon. Justin Amash, a representative, is Republican. It's no wonder that he's on the list of co-sponsors: the Michigan Republican is known to have broken up with his party.
On Saturday, Amash hammered his Republican counterparts on Twitter for their hypocrisy: "The same congressional Republicans who joined me in blasting the president. The executive power of Obama is now asking a king to usurp legislative powers. If your loyalty to the Constitution depends on the party that controls the White House, you are not loyal to it. "
On Monday night, Republican Thom Tillis, a senator from North Carolina, announced that he would vote in favor of a resolution disapproving of the national emergency in a Washington Post editorial.
"As a US Senator, I can not justify giving the executive more ways to bypass Congress," wrote Tillis. "As a Conservative, I can not subscribe to a precedent that I know future left-wing presidents will exploit to advance radical policies that will erode economic and individual freedoms."
GOP Sens. Susan Collins of Maine and Lisa Murkowski of Alaska also expressed support for the measure in its current form.
The national emergency has been controversial for Republicans, many of whom have warned the president that it could set a bad precedent. But we do not know how many will publicly oppose the President and vote to end the order.
Will the resolution pass?
The bill is expected to be passed in the House on Tuesday and, in accordance with the law, be considered by the Senate within 18 days. The future of the resolution in the Senate remains unclear.
Most bills introduced in the Senate require 60 votes. However, this resolution being considered "privileged", it only needs 51 votes, which increases the chances of passage. There are 47 Democratic senators – none of them speaking out against the resolution – so if the Democrats remain unified, only four Republicans would need to cross party boundaries. Tillis, Collins and Murkowski have already indicated that they would if the bill remains the same as it was presented.
Why does this resolution receive special treatment?
Normally, the legislation is subject to a vote at the discretion of the president or the majority leader. This means that if a legislator introduces a bill that the leaders do not want to deal with, the bill can not be put to a vote. But since this resolution comes from the National Emergencies Act, once it is tabled, it must be put to a vote.
Are there any other options?
If the Congress is not able to end the national emergency through the legislative process, members could still sue, a move that Pelosi did not rule out when 39, a press conference last week.
California and 15 other states have already filed a lawsuit over the statement, arguing that it exceeds the president's power and unconstitutionally redirects federal funds that would have gone to their states.
And the Liberal Public Citizen Watch Group sued Texas landowners, who were told their property would be seized for the wall.
Contributors: John Fritze, Alan Gomez and Christal Hayes
Donald Trump says national emergency releases billions of dollars for border wall
16 states sue Trump following a national emergency declaration and a border wall
The Wall: a thorough review of the Donald Trump Border Wall
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