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H.J.Res.46 - Relating to a national emergency declared by the President on February 15, 2019.

Relating to a national emergency declared by the President on February 15, 2019.



You might favor this bill if:
►  You believe that Congress should terminate President Trump's national emergency declared to secure $3.6 billion in funding for the proposed souther border wall. The President should not circumvent Congress for funding, Congress has the constitutional power of the purse, the President's emergency declaration is unconstitutional.

You might oppose this bill if:
►  You believe that the President should be allowed to circumvent Congress and find funding for the souther border wall in any legal manner he chooses to. The national emergency declaration should be ultimately heard and decided by the Supreme Court and not be terminated by Congress.
Introduced House Senate President Law



03/15/19 UPDATE: After both the House and the Senate passed the resolution, President Trump has issued his first veto.

The administration cites the danger of the flow of drugs in the southern border as the main reason behind the veto, saying that "aliens coming across our borders have killed or injured thousands of people, while drugs flowing the border hundreds of thousands of Americans."

President Trump called the resolution "reckless," saying that the resolution would put thousands of Americans in danger.

"Congress has the freedom to pass this resolution and I have the duty to veto it. I’m very proud to veto it," said President Trump after vetoing the resolution.

Democrats have rejected President Trump's action claiming that this is no emergency and its just a money grab designed to bypass Congress and fund a project which has been repeatedly denied.

“It is no surprise that the president holds the rule of law and our Constitution in minimal regard,” said Senate leader Sen. Chuck Schumer (D-NY) in a statement. “There is no emergency; Congress has refused to fund his wall multiple times; Mexico won’t pay for it; and a bipartisan majority in both chambers just voted to terminate his fake emergency.”

"The House and Senate resoundingly rejected the President’s lawless power grab, yet the President has chosen to continue to defy the Constitution, the Congress and the will of the American people," said Speaker of the House Pelosi in a statement. “House Republicans will have to choose between their partisan hypocrisy and their sacred oath to support and defend the Constitution.”

Most Republicans who voted in favor of the resolution actually are in favor of the southern border wall but against the national emergency declaration, arguing that if they allow President Trump to use his executive powers as a way to bypass Congress, they are setting a precedent for future Presidents to do the same.

The next step to be taken by Congress will be to override the veto, which needs a two-thirds majority vote from both the House and the Senate in order to pass. The House is set to vote on the veto override on March 26th.


H.J.Res.46 is a resolution which would null and terminate the national emergency declared by President Trump on February 15, 2019, which allows him to secure $3.6 billion from the Department of Defense's military construction funds to build his proposed border wall.

The resolution's main author, Rep. Castro (D-CA), calls the national emergency declaration "fake" and a threat to the balance of powers.

“This is the most consequential vote we will take in a generation on the balance of powers between the Legislative and the Executive branches of government. Whether we will respect the separation of powers enshrined in our Constitution, stand up for Congress, and for this country, and for the Constitution, or whether we will stand down in favor of the President," said Rep. Castro to lawmakers at the time of the House vote.

Rep. Castro's worries go beyond the scope of the Trump administration, calling on other lawmakers to think of the future ramifications of allowing other Presidents to circumvent Congress.

“The precedent that may be set today—this week or next week when the Senate votes—if Congress allows this President’s emergency declaration to stand, will not have ramifications only on this matter, or the building of a border wall, but if the President is successful, he will likely come back for more. He will likely circumvent Congress again, in the same unconstitutional way," said Rep. Castro. “Not only will this President do it. Future Presidents will do it."

The resolution has passed the House, and it will be voted soon on the Senate floor. Some Republicans are uneasy at allowing a sitting President to circumvent Congress in ordain to attain more funding for a project which already gathered $1.3 billion through bipartisan support.

Four Republicans Senators, Sens. Paul (R-KY), Collins (R-MN), Murkowski (R-AK), and Tillis (R-NC), have already publicly stated that they will vote in favor of the resolution, giving the resolution a chance to pass the 51 vote simple majority threshold in the Senate.

President Trump is likely to veto the bill, which could be overridden by a two-thirds vote in both the House and the Senate.

H.J.Res.46

Sponsored by: Rep. Castro, Joaquin [D-TX-20]

Cosponsored by: 1 Rep / 122 Dem.

See list of cosponsors.


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