WASHINGTON — President Donald Trump’s declaration of a national emergency to build his long-promised border wall ends one political problem for the White House and its allies on Capitol Hill, but launches another.
Republicans are deeply torn over Trump’s decision to invoke executive power after Congress denied him money he wanted for the wall along the Southern border. Some are backing the president, while others are vehemently opposed to what they see as constitutional overreach, setting up a potential showdown that adds to the already expected legal challenges.
“I don’t believe a national emergency declaration is the solution,” said Sen. Thom Tillis, R-N.C., who warned of taking the country down a “rabbit hole” with future presidents seizing unchecked executive power.
“No crisis justifies violating the Constitution,” said Sen. Marco Rubio, R-Fla.
Sen. Lamar Alexander, R-Tenn., said, “Declaring a national emergency is unnecessary, unwise and inconsistent with the U.S. Constitution.”
It’s an outcome Senate Majority Leader Mitch McConnell and his leadership warned Trump against. For days, they publicly urged him not to declare an emergency. But with Trump’s signature Friday on the action, the Republican leaders are largely falling in line behind Trump.
As Democrats are quick to call for oversight and investigation, they are also almost certain to seek a vote of disapproval that will force Republicans to stand with the president — or against him.
House Judiciary Chairman Jerrold Nadler, D-N.Y., says his committee will investigate the “constitutional and statutory issues” raised by the declaration and will ask White House officials to appear for testimony.
Nadler said Trump’s decision shows “reckless disregard for the separation of powers and your own responsibilities under our constitutional system.”
The ranking Republican on the House Judiciary Committee, Rep. Doug Collins of Georgia, said that while he supports Trump’s commitment to securing the border, “a national emergency is a serious act with deep implications, and it’s disappointing that partisan politics have brought us to this point.”
Congress has ability under the National Emergencies Act to halt the president by a simple majority vote of disapproval in both chambers. That makes the outcome uncertain, especially in the Senate where Republicans now hold a narrow 53-47 majority.
Trump would almost certainly threaten to veto such a resolution, if it passed, and Congress would then be faced with the difficult task of mounting the votes to override.
Trump’s decision creates an “important moment for constitutional democracy,” said Chris Edelson, assistant professor of government at American University and author of a book on presidential power.
“Congress has the tools available to stop this if it chooses to act,” Edelson said. “All eyes should be on Republicans in Congress, some of whom are clearly troubled by this action, including the precedent it could set.”
Top Trump allies are splintering. GOP Sen. Lindsey Graham of South Carolina, once resistant to an emergency declaration, told Fox News he’s all for it. “We would be idiots as Republicans not to support Donald Trump to try to build this wall anyway he can,” Graham said.
Sen. Rand Paul, R-Ky., may be tougher to sway. “I, too, want stronger border security, including a wall in some areas. But how we do things matters,” Paul said in a statement.
“Extraconstitutional executive actions are wrong, no matter which party does them,” added Paul, who regularly criticized former President Barack Obama for what Paul and other Republicans termed executive overreach.
Many Republicans criticized Obama for what they saw as executive overreach, particularly on immigration issues. Some of Obama’s actions, including those to shield young immigrants from deportation, continue to play out in the courts.
