A group of almost two dozen former Republicans have sent a letter to GOP lawmakers, warning them to reject Donald Trump's border wall national emergency or risk undermining their institution and the U.S. Constitution.
Politico reports: “In the letter, the former members wrote that the president's move undermines the constitutional authority given to Congress to make federal appropriations, and argue that the emergency declaration would set a precedent for future presidents that could one day come back to bite them.”
The House is set to vote on a resolution to block Trump's declaration on Tuesday, a move that would force a vote by the Senate where GOP lawmakers would have to choose to back Trump or vote against him.
Said the former GOP lawmakers.
We offer two arguments against allowing a president—any president, regardless of party—to circumvent congressional authority. One is the constitutional placing of all lawmaking power in the hands of the people's representatives. Article 1 of the Constitution, which vests the legislative branch with specific powers, states in section 9: “No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” The power of the purse rests with Congress because it is
comprised of 535 representatives of the taxpayer and is the most direct connection between those being governed and those governing. If you allow a president to ignore Congress, it will be not your authority but that of your constituents that is deprived of the protections of true representative government.The second argument goes directly to the question each of you must face: how much are you willing to undermine both the Constitution and the Congress in order to advance a policy outcome that by all other legitimate means is not achievable? The current issue—a wall on our southern border—has gone through the process put in place by the Constitution. It has been proposed by the President, it has been debated by Congress, and the representatives of the people allocated funding at a level deemed appropriate by Congress. We understand that there are many Members of Congress who disagree with the final funding compromise reached by a bipartisan group of legislators. To you, we ask this question: what will you do when a president of another party uses the precedent you are establishing to impose policies to which you are unalterably opposed? There is no way around this difficulty: what powers are ceded to a president whose policies you support may also be used by presidents whose policies you abhor.
Meanwhile, Trump is warning Republicans that they better vote for him, or else, tweeting: ‘I hope our great Republican Senators don't get led down the path of weak and ineffective Border Security. Without strong Borders, we don't have a Country – and the voters are on board with us. Be strong and smart, don't fall into the Democrats “trap” of Open Borders and Crime!'
