Senate Republicans are holding active discussions about whether to amend a resolution revoking President Trump’s border emergency in a way that scolds Trump for the way he asserted authority over the federal budget to fund his border wall.
Senators made it clear Monday that Republicans are still debating whether they have the authority to add any language to the House-passed resolution, and if so, what they might add. But some confirmed that there is talk about hammering home in the resolution that the Senate is not happy with Trump’s move.
“There is a lot being talked about,” Sen. John Kennedy, R-La., told the Washington Examiner. “I have heard discussion about trying to express concern about separations of powers issues and maybe reining some of the powers back. It’s been all over the map. My sense is it won’t come together.”
“I think there might be some other options that are trying to emerge,” Sen. Shelley Moore Capito, R-W.Va., a top appropriator, told the Washington Examiner.
Some Republican lawmakers are clamoring for the Senate to avoid taking up the House resolution at all and to instead write a Senate version.
Sen. Pat Toomey, R-Pa., told reporters the statute governing the resolution allows for a conference between the House and Senate, if needed, and does not specify what should be included in the resolution.
“Each body is free to do its own version,” Toomey said, interpreting the statute.
The Democrat-led House last week passed a resolution that would revoke the president’s national emergency declaration, which he is using to provide the authority to divert $3.6 billion in military construction funding for the building of physical barriers along the southern border.
The House measure to revoke the national emergency is poised to pass the Republican-led Senate, where only a bare majority is needed, and at least four GOP lawmakers say they will vote with Democrats to provide the 51 votes.
Majority Leader Mitch McConnell, R-Ky., acknowledged Monday that the resolution would pass the Senate, which would send a strong signal of rebuke to the president. But McConnell said lawmakers are looking into ways to amend it without running afoul of Senate rules.
“It’s an interesting question,” McConnell said when a reporter asked about allowing votes on amendments to the House-passed resolution. “It’s never been done before. We’ve been looking at it and talking to the parliamentarian about what options there are, if any.”
If the Senate amends the legislation, it would have to go back to the House for another vote. Depending on how the Senate changes it, that might not be a problem.
But Capito told the Washington Examiner GOP leaders are considering a second option: vote on the House resolution “as is” and then take up a completely separate measure that addresses the executive branch’s use of the national emergency declaration.
“I think it’s still evolving,” Capitol said of the plan.
Republicans are eager to avoid a confrontation with the president, who has vowed to veto the resolution if it reaches his desk. But many also oppose his use of a national emergency declaration to take money out of the military construction budget, which impacts most states.
There do not appear to be anywhere near the requisite GOP votes that would be needed to provide a two-thirds majority needed to override a veto, which means Congress will be unable itself to stop Trump. But Trump’s national emergency declaration is very likely to be delayed in court thanks to lawsuits filed by states and advocacy groups.
Regardless of how it plays out in Congress, senators are in the mood to address what many believe is an overreach by President Trump to usurp the power of the purse that lies exclusively with Congress.
Sen. Lamar Alexander, R-Tenn., has urged President Trump twice over the last week to back off using the $3.6 billion under the national emergency declaration. Alexander has told the president he should instead use two other pots of money he is authorized to use that are funded by the drug interdiction program and an asset forfeiture fund.
“I would assume what the president wants to do is move as rapidly as he can to build the wall and if he wants to do that, he wouldn’t use the national emergency because that will just tie things up in court,” Alexander said.
[Opinion: Republican cowards will regret not voting against Trump’s national ’emergency’]
