Day 784: Every Senate Democrat, 12 Senate Republicans defend Constitution; 41 Senate Republicans cow to Trump

Perhaps the single strongest power afforded to Congress is the “power of the purse.” The ability to solely allocate funds is laid down in Appropriations Clause and Taxing and Spending Clause in the Constitution.

The Appropriations Clause, at Article I, Section 9, Clause 7, reads, in part:

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of Receipts and Expenditures of all public Money shall be published from time to time.

The Taxing and Spending Clause, at Article I, Section 8, Clause 1, reads:

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States

The two clauses in conjunction give Congress — and only Congress — the right to determine how the nation spends its money.

Last month, Donald Trump tried to make an end run and declare a dubious national emergency at the southern border in an effort to get border funding that Congress didn’t provide. He is attempting to re-allocate funds authorized for other purposes.

As described on Day 756, Congress had the ability to try and stop Trump’s emergency declaration.

But even before the matter reaches the judiciary, Speaker Nancy Pelosi (D-CA) may force Senate Republicans into a very uncomfortable position, potentially shutting down the national emergency re-appropriations before they get off the ground.

Republicans have good reason to be deeply nervous. Here’s why: According to one of the country’s leading experts on national emergencies, it appears that House Speaker Nancy Pelosi (D-Calif.) can trigger a process that could require the GOP-controlled Senate to hold a vote on such a declaration by Trump — which would put Senate Republicans in a horrible political position.

And Pelosi quickly triggered that process. The House passed the measure with ease. The Senate was thus forced to take the issue up.

Trump pushed and prodded Senate Republicans for weeks to kneecap themselves and hand over power to the executive branch. He wanted a unified party behind him.

When the votes were tallied, 12 Republicans — from red and purple states — stood with all of the Democrats opposing the national emergency for a final tally of 59–41.

It was a harsh rebuke of Trump’s attempt at wielding more power, but it likely isn’t enough. Trump has already announced he will veto the measure, meaning that a two-thirds majority in each chamber is necessary to override the veto.

Some Republicans twisted themselves in knots trying to explain their votes backing Trump.

Thom Tillis (R-NC), who just wrote an op-ed laying out why he wouldn’t support an emergency declaration folded like a cheap table and voted to gut legislative power anyway. On February 25 he wrote:

I am a member of the Senate, and I have grave concerns when our institution looks the other way at the expense of weakening Congress’s power.

It is my responsibility to be a steward of the Article I branch, to preserve the separation of powers and to curb the kind of executive overreach that Congress has allowed to fester for the better part of the past century. I stood by that principle during the Obama administration, and I stand by it now.

When push came to shove, he didn’t stand by anything. He bowed to Trump.

Ben Sasse (R-NE), in also bending the knee to Trump, actually described himself as a “constitutional conservative” in voting to do away with the Appropriations Clause and Taxing and Spending Clause.

Ted Cruz (R-TX) filibustered himself attempting to explain how Trump’s executive order was different than those from Barack Obama. And while he “share[d] th[e] concerns” of giving Trump powers traditionally given to Congress, he sided with Trump anyway.

Trump still faces the distinct possibility of losing in federal court where over a dozen states have filed a suit to stop Trump’s declaration. But in the meantime, 41 Republicans — who love to drape themselves in the flag and Constitution at every campaign rally — voted for authoritarianism in contradiction of the Constitution.

784 days in, 678 to go

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