Could Congress Block Trump's Emergency Declaration?
President Trump has declared a national emergency in order to pay for physical barriers along the U.S.-Mexico border, but will Congress block it? Thats a long shot but we cant rule it out either.
Heres the basic process, as the New York Times explained in an article after Trumps declaration. Congress can take up a resolution to end a presidential national emergency declaration. If such a resolution passes in one chamber, the other must bring it up for a vote within 18 days. If the resolution passes both chambers and the president vetoes it, a two-thirds majority in Congress can override that veto.
In the House, Democrats say they are strongly considering a resolution to override Trumps emergency declaration. If they take it up for a vote, the resolution is almost certain to pass Democrats have a 235-197 majority in the House.
That would move the legislation to the Senate, where Republican Leader Mitch McConnell although initially wary of Trump declaring a national emergency has now expressed his support for the move. But there does not appear to be a way for him to avoid a Senate vote on this measure. And such a vote will force Senate Republicans, many of whom have said they are wary of presidents overextending their power at the expense of Congress, to choose between that principle of limiting executive power and backing a president with strong support among party activists on one of his signature initiatives, the border wall.
Republicans have a 53-47 advantage in the Senate, so only four defections and this resolution would pass. (The resolution is not subject to rules that would require 60 votes for it to move forward.) By FiveThirtyEights count, at least eight GOP senators Tennessees Lamar Alexander, Maines Susan Collins, Alaskas Lisa Murkowski, Kentuckys Rand Paul, Floridas Marco Rubio, Nebraskas Ben Sasse, North Carolinas Thom Tillis and Pennsylvanias Pat Toomey have said they oppose the national emergency declaration. Opposing the declaration and voting for a resolution to end it are not the same thing, but more than a dozen other Republican senators have also expressed reservations about Trumps move.
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https://fivethirtyeight.com/features/could-congress-block-trumps-emergency-declaration/