[Congressional Record Volume 165, Number 43 (Monday, March 11, 2019)]
[Senate]
[Page S1750]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                   Declaration of National Emergency

  Mr. SCHUMER. By the end of this week, the Senate will vote on a 
resolution to terminate the President's emergency declaration. I have 
laid out the number of reasons why the Senate must vote to terminate. 
The President has not demonstrated that an emergency exists. During the 
announcement of the declaration, the President said he ``didn't need to 
do this.'' A few weeks later, 58 former national security officials, 
including former Secretaries of State and Defense, said there was ``no 
factual basis'' for an emergency declaration. For the sake of the 
facts, the Senate must vote to terminate.
  We also have no idea which military construction projects might be on 
the chopping block. Republican Senators who vote against this 
declaration do so at their own peril. They may be voting to deprive 
necessary funds from military installations in their States. For the 
sake of the brave men and women of our Armed Forces, the Senate must 
vote to terminate.
  Of course, the constitutional questions loom largest. The President 
failed to convince Congress, the American people, and, perhaps most 
glaringly, Mexico to pay for his border wall. Now he is attempting to 
use emergency powers to subvert the will of Congress. If allowed to 
stand, this emergency declaration would be a defacement of our 
constitutional order and one of the largest power grabs for the 
executive branch in the more than 200 years this Nation has been in 
existence.
  My colleagues must contemplate the possibility that if President 
Trump were to succeed with his phony emergency declaration, future 
Presidents would have a precedent to claim emergencies whenever 
Congress failed to endorse their policies. In effect, Congress would no 
longer be a coequal branch of government. It would change the balance 
of power rather dramatically in ways the Founding Fathers would never 
have contemplated. In fact, it would horrify many of the Founding 
Fathers, who were so worried about an overweening Executive in the 
personage of King George.
  I know many of my Republican friends are afraid to cross the 
President. We know he can be vindictive. I know that several support 
the idea of building a wall but want to oppose the emergency 
declaration. I would say to my colleagues respectfully: You have been 
able to express your support for a border wall numerous times in the 
past Congress and in this one. Another amendment vote will 
accomplishment nothing new; it will only poison Congress's ability to 
pass this resolution.
  This is not about policy at our southern border; this is about one 
thing and one thing alone--Presidential overreach.
  Later this week, the Senate ought to vote a clean resolution to 
terminate the emergency. The bottom line is very simple: If we were 
upholding the Constitution, it would be 100 to nothing against the 
emergency. If there were no politics, no fear, no worry about crossing 
a President, the vote would be 100 to nothing. If people read the 
Federalist Papers and the Constitution and what the Founding Fathers 
intended, the vote would be 100 to nothing. I hope it is as close to 
that as is possible.