In addition, Cornyn said, “The whole idea that presidents — whether it’s President Trump, President Warren or President Sanders — can declare an emergency and somehow usurp the separation of powers and get into the business of appropriating money for specific projects without Congress being involved, is a serious constitutional question.”
Last week, Senate Majority Whip John Thune of South Dakota, stated, “We have a lot of folks who are uncomfortable with [an emergency declaration] for different reasons, some of which are constitutional and separation of powers.”
Sen. Susan Collins of Maine said such move would be “of dubious constitutionality.”
“A resolution of disapproval is likely”
Meanwhile, House Democrats vowed to challenge in court any presidential declaration that would usurp Congress’ power on appropriations.
In a statement to ABC News, a Democratic House leadership aide, said, “The President has failed to convince the American people and Congress that there is a crisis on our Southern border. The House of Representatives will vigorously challenge any declaration that seeks an end run around Congress’s power of the purse. ”