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house Bill H. Joint Res. 46

Should Congress Terminate the Border Security Emergency Declared by President Trump?

Argument in favor

President Trump usurped congressional authority by arbitrarily declaring a national emergency in an effort to fund construction of his border wall. Congress ought to exercise its constitutional power as a coequal branch of government by terminating the emergency declaration.

Pam's Opinion
···
02/24/2019
The effects of climate change is an emergency. The children that have been separated from their families and not yet reunited with them is an emergency. Corporate money influencing politics is an emergency. But a border wall that no one wants but him is NOT an emergency.
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Mark's Opinion
···
02/26/2019
I live in Texas and our House of Rep Hurd (Rebuplican) who has over 800 miles of the border says there is NO EMERGENCY going on at the border. The people who live and have property along the border do NOT want a WALL and have filed lawsuits against the wall. This is all trump manufactured BS to pander to his base. When 40,000 Americans are killed by gun violence because of our gun happy culture then we have a real emergency. It doesn't take a wall to fix.
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Shannon's Opinion
···
02/26/2019
I am horrified that Trump abused his power to declare a fake emergency rooted in hate. He is going around Congress and the will of the people to get his way on his racist and unnecessary wall and deportation force. Congress must do everything in its authority to stop this antidemocratic power grab.
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Argument opposed

For better or worse, Congress gave the president the power to declare emergencies and use certain defense funds to address them. This bill is nothing more than an attempt by Democrats to score political points, as they know they won’t have the votes to override President Trump’s veto.

Sandra's Opinion
···
02/24/2019
There is a national emergency at the border. Fund the wall, protect the citizens and the immigrants by building the wall. Cut out the criminals that are taking advantage and hurting innocent people. By building the wall the bad guys don’t have an easy avenue to smuggle these poor people and take advantage of them and worse. Reform immigration laws so people come in legally and safely. That will keep the criminals, sex traffickers, child traffickers, and terrorist out and away from the good immigrants and the citizens. This way you protect all the good people and end the dangerous situation that just keeps getting worse every day. Stop the madness before more innocent people are hurt or killed.
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Alexander 's Opinion
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02/26/2019
I feel it is essential for our security that this should be passed. Thank you for hearing my voice.
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Rocky's Opinion
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02/26/2019
His NE was perfectly legal under the Constitution and laws passed by Congress. Posse Comitatus, the Insurrection Act, and 10 USC $ 284 and 2809 Apply
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joint resolution Progress


  • Not enacted
    The President has not signed this bill
  • The senate Passed March 14th, 2019
    Roll Call Vote 59 Yea / 41 Nay
      senate Committees
      Committee on Armed Services
  • The house Passed February 26th, 2019
    Roll Call Vote 245 Yea / 182 Nay
      house Committees
      Committee on Transportation and Infrastructure
      Economic Development, Public Buildings, and Emergency Management
    IntroducedFebruary 22nd, 2019

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What is House Bill H. Joint Res. 46?

This bill would terminate the emergency declaration related to border security issued by President Donald Trump on February 15, 2019. After passing both chambers of Congress, the bill was vetoed by President Trump on March 15th. An effort to override the veto would require a two-thirds vote in both chambers of Congress.

Under the National Emergencies Act, Congress can terminate emergencies declared by the president and legislation to that effect can be given expedited consideration: a joint resolution to terminate an emergency would have to be reported out of committee within 15 calendar days and placed on the floor for a vote within three calendar days after that. If passed, the bill would have the same privileged status in the other chamber of Congress.

As a joint resolution, this legislation could be considered by both chambers of Congress and signed into law by the president.

Impact

Congress; federal agencies; and the president.

Cost of House Bill H. Joint Res. 46

A CBO cost estimate is unavailable.

More Information

In-Depth: Sponsoring Rep. Joaquin Castro (D-TX) introduced this resolution to terminate the national emergency related to border security declared by President Donald Trump:

“Historically, Presidents have declared national emergencies for urgent matters of national security. President Trump would unconstitutionally usurp congressional authority by declaring an emergency based upon unfounded hype rather than any substantive emergency. Border crossings are lower than they have been in four decades. There are more law enforcement officers at the border — some stationed there simply to make good on politicians’ anti-immigrant rhetoric — than ever before. Further, such a baseless declaration by President Trump would set a dangerous precedent regarding the constitutional balance of powers between the executive and legislative branches.”

House Speaker Nancy Pelosi (D-CA) wrote a “dear colleague” letter to encourage lawmakers to cosponsor Castro’s resolution, which read in part:

“All Members take an oath of office to support and defend the Constitution. The President’s decision to go outside the bounds of the law to try to get what he failed to achieve in the constitutional legislative process violates the Constitution and must be terminated. We have a solemn responsibility to uphold the Constitution, and defend our system of checks and balances against the President’s assault.”

President Donald Trump has threatened to veto this bill if it were to reach his desk. Some House Republicans have expressed opposition to Democrats’ efforts to end President Trump’s border security emergency declaration. House Judiciary Committee Ranking Member Doug Collins (R-GA) offered the following statement:

“Declaring a national emergency is a sobering act, which is why Congress enacted a statute governing when and how the president can take this action. House Democrats’ angst over Congress’ power of the purse is unwarranted, especially since the commander in chief’s authority to redirect military funds for a national emergency is affirmed in a law passed by their own branch.

Even as House Democrats are introducing a resolution of disapproval to terminate this national emergency, they’re running to handpicked federal courts to negate the president’s lawful action. That demonstrates at least two points: First, Democrats don’t have the votes to pass a veto-proof resolution to terminate the national emergency or to amend the National Emergencies Act through the proper democratic process. Second, they’re willing to cede Congressional authority to courts when it suits their agenda, so their appeal to the ‘legislative process’ invalidates itself. This is political expedience in action.”

This bill has the support of 225 cosponsors, all of whom are Democrats except for Rep. Justin Amash (R-MI).


Of Note: President Trump declared a national emergency to access $3.6 billion in funding from the Dept. of Defense’s military construction budget and use it to build barriers on the southern border (an additional $3.1 billion will come through other executive actions).

California filed suit against the Trump administration’s emergency declaration and has since been joined by 15 other states in the effort.


Media:

Summary by Eric Revell

(Photo Credit: Customs and Border Protection / Public Domain)

AKA

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

Official Title

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

    The effects of climate change is an emergency. The children that have been separated from their families and not yet reunited with them is an emergency. Corporate money influencing politics is an emergency. But a border wall that no one wants but him is NOT an emergency.
    Like (821)
    Follow
    Share
    There is a national emergency at the border. Fund the wall, protect the citizens and the immigrants by building the wall. Cut out the criminals that are taking advantage and hurting innocent people. By building the wall the bad guys don’t have an easy avenue to smuggle these poor people and take advantage of them and worse. Reform immigration laws so people come in legally and safely. That will keep the criminals, sex traffickers, child traffickers, and terrorist out and away from the good immigrants and the citizens. This way you protect all the good people and end the dangerous situation that just keeps getting worse every day. Stop the madness before more innocent people are hurt or killed.
    Like (410)
    Follow
    Share
    I live in Texas and our House of Rep Hurd (Rebuplican) who has over 800 miles of the border says there is NO EMERGENCY going on at the border. The people who live and have property along the border do NOT want a WALL and have filed lawsuits against the wall. This is all trump manufactured BS to pander to his base. When 40,000 Americans are killed by gun violence because of our gun happy culture then we have a real emergency. It doesn't take a wall to fix.
    Like (725)
    Follow
    Share
    I am horrified that Trump abused his power to declare a fake emergency rooted in hate. He is going around Congress and the will of the people to get his way on his racist and unnecessary wall and deportation force. Congress must do everything in its authority to stop this antidemocratic power grab.
    Like (472)
    Follow
    Share
    This is abuse of power. We can not allow our President to continue unchecked.
    Like (232)
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    Share
    I feel it is essential for our security that this should be passed. Thank you for hearing my voice.
    Like (189)
    Follow
    Share
    His NE was perfectly legal under the Constitution and laws passed by Congress. Posse Comitatus, the Insurrection Act, and 10 USC $ 284 and 2809 Apply
    Like (163)
    Follow
    Share
    The wall is not the answer to our immigration problems. Legal immigration should be encouraged. We welcome immigrants into this country. But the problem is people are coming here to work. They are violating our employment and immigration laws to work. So our elected leaders need to eliminate the draw to come here illegally and come her legally. E Verify has to become the law of the land if you want to work in the United States. This needs to be done before you should even consider building a wall. The border should be secured. But to spend billions on a wall is just ridiculous. Employers are the problem with illegal immigration. Employers are taking fake papers and fake social security numbers and just looking the other way because they like cheap exploitable labor. This has to be addressed by our elected leaders. Just what are you doing to encourage LEGAL immigration ? What are you doing about illegal immigration? Please take the first step in requiring E Verify by all employers. We all should have to submit our E Verify number on our tax returns to show we worked here in the US and who our employer is. This would eliminate immigrants coming here to work. They would apply to come here legally and this would be the right thing to do as a nation of laws. Please encourage E Verify as the law of the land.
    Like (156)
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    Yes, check Trump’s mistakes. That’s why there are three branches of federal government.
    Like (137)
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    Climate change is the real emergency. As an immigrant myself, seeing borders and walls erected like this, in this way, only serves to alienate and divide.
    Like (127)
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    I live in Texas and our House of Rep Hurd (Rebuplican) who has over 800 miles of the border says there is NO EMERGENCY going on at the border. The people who live and have property along the border do NOT want a WALL and have filed lawsuits against the wall. This is all trump manufactured BS to pander to his base. When 40,000 Americans are killed by gun violence because of our gun happy culture then we have a real emergency. It doesn't take a wall to fix.
    Like (109)
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    It's stupid and absurd! Climate change is a National emergency not Immagration
    Like (107)
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    Absolutely not. Sick of drugs coming in, human trafficking, disease filled illegal aliens, known criminals, gangs coming in illegally to our country. If you want to come in come in the door the legal way
    Like (100)
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    We've ALL been voting for this and every President campaigned for exactly this! So sick of this political coup! Stop opposing every single thing OUR President does, because it's obvious you would make terrible choices while opposing just out if childish resentment
    Like (99)
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    It’s our constitutional right as Americans to have a safe, sound, secure border!! Anyone who opposes constitutional law should be tried for treason in a military tribunal!!
    Like (99)
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    President Trump is well within his rights to declare an emergency. We need to secure our borders and protect the US citizens like all the other countries of the world. We need to build the wall and find the funds to make it so. Our government has practically given our country away and this is the first step in getting it back. Please vote accordingly if you want a future for your grandchildren.
    Like (98)
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    How many times do we need to bring to the attention of this Congress that they and many administrations have done nothing to support Border Security. We now have over eleven million illegals in our country. No one attempted to do nothing. Well our President has started to do something. Stop! Work on doing something to legalize the eleven million who are here. Well I know two Senators that lost my vote in their next elections.
    Like (93)
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    No,NO, NO,NO,NO,NO! How many time do American citizens need to say this We WANT a WALL!
    Like (92)
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    The emergency is due to congresses refusal to negotiate and protect US boarders. Congress hates Americans!
    Like (86)
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    Those at the border say there is an emergency. They know far better than those who are far removed. If Congress had worked to get appropriate border-wall funding, the President wouldn't have been forced to declare an emergency to provide the protection our country needs.
    Like (79)
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