President Trump has threatened to declare a national emergency in order to achieve his much desired border wall and it is sparking serious warnings from Senate Republicans, including Senate Majority Leader Mitch McConnell (R-Ky.), who are concerned that such a move could do more damage than good to the GOP.
In typical Trump-speak, he referenced his ability and reasoning for the potential declaration through a mangled statement on Friday:
“Having a national emergency does help the process. It would certainly help the process. What would help a lot would be if the Democrats could actually be honest. If they’re not being honest, everybody knows they’re not being honest, they know they’re not being honest.”President Donald Trump
What’s the problem? If Trump makes this bold move, House Speaker Nancy Pelosi (D-Calif.), who has repeatedly said there will be NO funding for the border wall in the budget, can call for the Republican controlled Senate to hold a vote on whether or not they agree with Trump’s action. Obviously, this would put Republicans in pretty sore political position.
Trump DOES have the right to declare a national emergency, and even deploy the nation’s military under the National Emergencies Act (NEA) but it would be challenged in the courts and have to merit the required funding. But also under the same National Emergencies Act lies Pelosi’s right to unite both chambers of the House in terminating any president-declared national emergency.
The NEA states that if Pelosi’s House wanted to terminate such a declaration by President Trump, then McConnell’s House would have to vote on whether they want to support the national emergency or not – and they would need to vote on it in a timely matter. Going on record to give the go ahead or the red light for such a hot-button issue will be a matter many Republicans will want to avoid at all costs.