Analysis: Rand Paul’s big rebuke of Trump’s 'national emergency,' and why it could actually matter
By Aaron Blake Aaron Blake Senior political reporter, writing for The Fix Email Bio Follow March 4 at 11:12 AM Sen. Rand Paul came out against President Trump’s border wall national emergency declaration this weekend, and in doing so he provided what is likely to be the 51st and decisive vote against it. If nothing changes between now and the vote, that means both chambers of Congress will have combined to void the declaration.
We have seen over and over again how a closely divided GOP-controlled Senate has come close to rebuking the president. Almost always, holdouts like Paul, Sen. Susan Collins and then-Sen. Jeff Flake were prevailed upon to toe the line in the end. When enough Republicans have crossed over to rebuke Trump, it has almost always been in symbolic ways: Jamal Khashoggi, Trump’s trade wars, the media not being “the enemy of the people,” and the withdrawals from Syria and Afghanistan.
The question from there is whether those twin rebukes might also matter for the legal battle. However people feel about this particular national emergency declaration, Congress did give the presidency rather broad authority to declare such emergencies. When it passed the National Emergencies Act in the 1970s, it handed over some of its constitutional authority over the purse strings of government.
Jessica Levinson of Loyola Law School says this is likely to come down to whether the courts decide to narrowly interpret the statute or focus more on whether there is actually an emergency and whether Trump has this authority. In this case, though, the court would not have to surmise how Congress feels about its authority being usurped; it would have votes on which to base the idea that Congress clearly did not want Trump to take an action involving a power that it afforded him.
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