House Passes Joint Resolution Terminating President’s Emergency Declaration

The House passed H.J. Res. 46, a joint resolution that would terminate a national emergency regarding border security that was declared by the President on February 15, 2019.The resolution passed by a vote of 245 to 182 with thirteen Republicans (Amash-MI, Fitzpatrick-PA, Gallagher-WI, Herrera Beutler-WA, Hurd-TX, Johnson-SD, Massie-KY, Rodgers-WA, Rooney-FL, Sensenbrenner-WI, Stefanik-NY, Upton-MI, Walden-OR) joining all Democrats in voting for the measure. House Minority Whip Steve Scalise said that while he hoped the Senate would block disapproval Trump’s national emergency regarding border security, he thought it would have no chance of a veto override in the House.

Sens. Susan Collins (R-ME), Tom Udall (D-NM), Jeanne Shaheen (D-NH) and Lisa Murkowski (R-AK) introduced companion legislation to H.J. Res 46 in the Senate. Senate Majority Leader Mitch McConnell (R-KY) said it would be reasonable to expect the Senate would vote on S.J. Res. 10before the next recess week, which is the week of March 18. Democrats need at least four Republicans to vote in support of the resolution. Once again, even it passes the Senate, it almost certainly won’t become law as the President will veto it and the House and Senate won’t have the two-thirds majority votes to override his veto.

House Judiciary Committee Chairman Jerrold Nadler (D-NY) has said that Congress should consider amending the National Emergencies Act of 1976 (P.L. 94-412), the law that gives the President the power to declare emergencies of unlimited duration, so that emergency declarations expire after a certain period of time unless Congress ratifies them by law. The time period could be as short as 10 days.

White House Statement of Administration Policy on H.J. Res. 46

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