Homeland Security Secretary Kirstjen Nielsen insisted Wednesday the crisis at the southern border is not manufactured as she was grilled by Democrats for the first time since they took control of the House. (March 6)
AP
WASHINGTON – President Donald Trump said in a tweet Wednesday that “Senate Republicans are not voting on constitutionality or precedent” when a resolution to block his emergency declaration at the U.S.-Mexico border comes to the Senate floor.
But the Republican senators who plan to break ranks and vote with Democrats in favor of the resolution say precedent and constitutionality are precisely what they are voting on.
Trump announced he was declaring a national emergency at the border after Congress refused to appropriate the $5.7 billion he wanted for construction of a border wall, even after a record 35-day government shutdown. Many congressional Republicans have joined Democrats in objecting to the move, which they saw as using emergency powers to bypass Congress’ constitutional authority over spending.
What’s next?: Donald Trump’s emergency order hits wall with GOP senators
So far, four Republicans have gone further than warning against the move and have publicly expressed support for the resolution to block it, which passed the Democratically-controlled House last week in a 245-182 vote. Senate Majority Leader Mitch McConnell, R-Ky., said it’s likely the resolution would pass the Senate.
Unless one of the senators changes their declared positions, Trump will be forced to issue such a veto to keep his emergency declaration in place.
Only 13 Republicans joined with Democrats in the House vote. That number is significant because at least 45 more Republicans would have to flip in order to get the two-thirds majority needed to override a presidential veto.
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Here are the Republican senators who have said they plan to vote for the Democratic resolution:
Susan Collins, Maine
Sen. Susan Collins is one of two Republicans who plan to vote for the resolution who are also up for re-election in 2020. The New England moderate has bucked her party on other occasions, such as when she voted with Democrats to block Affordable Care Act repeal efforts in 2017.
She said Trump’s decision to declare a border emergency after Congress denied him funding for a wall, “strikes me as undermining the appropriations process, the will of Congress and of being of dubious constitutionality.”
Lisa Murkowski, Alaska
The daughter of former Alaska governor and senator Frank Murkowski, Sen. Lisa Murkowski has not been afraid to work independently of her party, even winning a write-in campaign after losing her party’s primary in 2010. She was also the lone Republican to oppose Supreme Court Justice Brett Kavanaugh’s confirmation.
“When you use the National Emergencies Act to effectively expand executive powers by legislative acquiescence, I think that sets a dangerous precedent, and I don’t think that it’s a path that we should take,” Murkowski told PBS “Newshour” on Wednesday.
Rand Paul, Kentucky
For the libertarian-leaning Sen. Rand Paul, opposition to Trump’s border emergency declaration is in large measure a matter of ideological principle.
“I can’t vote to give the president the power to spend money that hasn’t been appropriated by Congress,” Paul told a gathering of Kentucky Republicans, according to the Bowling Green Daily News. “We may want more money for border security, but Congress didn’t authorize it. If we take away those checks and balances, it’s a dangerous thing.”
Thom Tillis, North Carolina
Sen. Tom Tillis is the other senator up for re-election in 2020 who has said he will vote to block Trump’s emergency declaration.
“As a U.S. senator, I cannot justify providing the executive with more ways to bypass Congress,” Tillis wrote in an op-ed in The Washington Post. “As a conservative, I cannot endorse a precedent that I know future left-wing presidents will exploit to advance radical policies that will erode economic and individual freedoms.”
More Republicans may join them
Paul believes as many as 10 Republican senators could end up voting to block Trump’s emergency declaration, The Washington Post reported.
Ordered from least to most likely to vote for the resolution, The Post listed Sens. Ted Cruz, Texas; Pat Toomey, Pennsylvania; Mitt Romney, Utah; Mike Lee, Utah; Marco Rubio, Florida; Cory Gardner, Colorado; and Lamar Alexander, Tennessee.
Contributing: Deborah Barfield Berry and Michael Collins
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