Washington • The U.S. House on Tuesday issued a strong rebuke of President Donald Trump’s declaration of a national emergency on the U.S.-Mexican border, but freshman Democratic Congressman Ben McAdams was the only Utah representative to back the resolution.
Utah Reps. Rob Bishop, John Curtis and Chris Stewart sided with most of their Republican colleagues in opposing the Democrat-led move to scrap the executive order. House passage on a 245-182 vote fell short of the two-thirds majority needed to override a threatened veto, but it forces the Senate to take up the issue.
"I support the House resolution to block the president from ignoring the Constitution to spend almost $7 billion without approval from Congress,” McAdams said in a statement. “Border security was funded with overwhelmingly bipartisan backing. Our Constitution separates powers to ensure a democratic process. The president's action sets a dangerous precedent and harms our constitutional checks and balances.”
Senate approval, which would only require a simple majority, is unclear, although at least three members of the Republican majority have said they would support the resolution.
Trump’s demand for a border wall earlier led to a 35-day government shutdown – furloughing or forcing to work without pay about 800,000 federal workers.
In the end, Congress passed a stopgap budget without funding for the wall and Trump declared there was a crisis on the border that necessitated siphoning money from military projects and other areas to pay for the border barrier. Multiple groups and several states have sued in three different federal courts to nullify Trump’s action, and many experts say Trump’s declaration is legally dubious.
Republicans who have long and loudly complained about executive overreach nevertheless are, for the most part, sticking with Trump, even if they’re not happy.
“Governing by executive declarations sets a dangerous precedent, weakens our system of checks and balances and empowers Congress to ignore the difficult issues facing our country,” said Stewart, R-Utah. “Unfortunately, today’s rushed show vote lacks the substance to have an impact on truly reining in the exponential growth of the Executive Branch.”
Like many in his party, Stewart instead endorsed a GOP-led effort to pass legislation that would rein in executive powers without addressing Trump’s current declaration of a national authority at the border.
Bishop, R-Utah, was more pointed in his criticism of the House-passed resolution.
“I voted against this resolution because it does nothing to solve the issue of border security or properly limit executive overreach. Bringing this vote to the floor is nothing more than a political stunt,” Bishop said.
“I don’t think the president should have been forced to make this emergency declaration, but I do recognize his legal power to do so.”
Congress created the national emergency power in 1976 to allow the commander in chief to make quick decisions about national security. Every president since has used it, usually dealing with foreign governments.
Bishop says Congress was “wrong” to cede the power to the executive, then promptly blamed Democrats for not giving Trump money for his promised wall.
“Congressional Democrats could have avoided this problem by adequately funding border security, but for political purposes, they did not,” Bishop said. “This resolution is another political ploy.”
Curtis, R-Utah, echoed the point that the House action should have been about executive powers and not about the border.
“I consider this legislation a wasted opportunity to address an issue that has bipartisan support,” Curtis said. “I have consistently spoken out against executive overreach, but this legislation does nothing to limit presidential powers. We need reform, not a temporary statement that does nothing to solve a long-term concern.”
