Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Powers in the balance thanks to wall ‘emergency’

Restoring some equilibrium among the executive, legislative and judicial branches is a central ingredient to reviving democratic normalcy. And the emergency wall declaration is creating one of the most consequential federal balance-of-power battles in modern times.

President Trump is the clear favorite, but his advantage as he pushes to build more border barriers is not prohibitive.

The president's cause could be slowed and eventually derailed by the federal courts, but that tussle might continue well into the election year. More quickly and decisively, he could be rebuffed in a matter of weeks by Congress, but only if the legislative branch acts with a resoundingly bipartisan voice.

And this is a bit less of a longshot than it may appear. A critical mass of congressional Republicans is theoretically prepared to conclude it's in their best interest to fight for either their legislative authority or their views of conservative governance, even if that means deviating from their habits of deference and political loyalty to the president.


The climax of this battle looks clear: It will come whenever the House and Senate vote on whether to override Trump's first veto.

The 1976 law the president invoked last week – establishing the presidential power to address national emergencies with money appropriated for other purposes – says such an emergency declaration can be nullified with a "disapproval resolution" passed by Congress. Exactly when that bill will start moving, and its precise terms, is being deliberated by the Democratic leadership while Congress is in recess this Presidents' Day week. But it's a sure bet the measure will easily move through the House, because all 235 members of the Democratic majority will vote yes, at a minimum. And Senate Majority Leader Mitch McConnell has signaled that at least four of his fellow Republicans are going to join all 47 Democrats to clear the measure in his chamber.

The drama comes after Trump then uses his veto pen to send the legislation back to the Capitol, at which point negating the emergency declaration would require two-thirds support in both the Senate and the House.

That's not altogether out of the question. Twenty GOP senators, the minimum needed to approve guarantee an override, are already on record opposing Trump's declaration – arguing that it either inappropriately tramples on the congressional power of the purse, or sets a dangerous precedent that a liberal future president could use to advance policies on climate change, gun rights or health care without a Capitol Hill stamp of approval. (Their comments have been collected by The Bulwark, a conservative web site highly critical of Trump, and some of the senators spoke before the emergency declaration was a sure thing.)

Only seven GOP House members have made similar public comments to date. But the magic number of 55 would be in reach if they were joined by almost all 23 Republicans on the Appropriations Committee (which now faces having dozens of its spending decisions of the past year nullified) and all 26 Republicans on the Armed Services Committee (angry that Trump wants to take $3.6 million in military construction funding to finance his border construction). Speaker Nancy Pelosi is also circulating a list of projects, many in GOP-held districts, that might be mothballed under Trump's plan.


Read More

Capitol Building of USA

Senate votes increasingly pass with support from senators representing a minority of Americans, raising questions about representation, rules, and democracy.

Getty Images, ANDREY DENISYUK

Record Number of Bills and Nominations Passed With Senators Representing a Population Minority

From taxes to the environment to public broadcasting like PBS and NPR, the Senate has recently passed record levels of legislation and confirmed record numbers of nominations with senators representing less than half the people.

Using historical data, GovTrack found 56 examples of Senate votes on legislation that passed with senators representing a “population minority.” 26 of those 56 examples, nearly half, have occurred since President Donald Trump’s current term began.

Keep ReadingShow less
The Fahey Q&A with Elizabeth Rasmussen

An in-depth interview with Elizabeth Rasmussen of Better Boundaries on Utah’s redistricting battle, Proposition 4, and the fight to protect ballot initiatives, fair maps, and democratic accountability.

The Fahey Q&A with Elizabeth Rasmussen

Since organizing the Voters Not Politicians 2018 ballot initiative that put citizens in charge of drawing Michigan's legislative maps, Fahey has been the founding executive director of The People, which is forming statewide networks to promote government accountability. She regularly interviews colleagues in the world of democracy reform for The Fulcrum.

Elizabeth Rasmussen is the Executive Director for Better Boundaries, a Utah-based organization fighting for fair maps, defending the citizen initiative process, preserving checks and balances, and building a better future. Currently making headlines in the state, Better Boundaries is working to protect Proposition 4, and with it, the rights of Utah voters.

Keep ReadingShow less
Trump's Delusion of Grandeur Knows No Bounds

U.S. President Donald Trump walks off Air Force One at Miami International Airport on April 11, 2026 in Miami, Florida. President Trump came to town to attend a UFC Fight.

Getty Images, Tasos Katopodis

Trump's Delusion of Grandeur Knows No Bounds

There has been no shortage of evidence of Trump's grandiosity. See my article, "Trump, The Poster Child of a Megalogamiac." But now comes new evidence of his delusion of grandeur that is even worse.

Recently, on his Truth Social media account, he posted an AI generated image of himself as Jesus healing the sick, apparently in part response to Pope Leo's rebuking of the U.S. (Hegseth) for invoking the name of Jesus for support in battle, saying Jesus “does not listen to the prayers of those who wage war, but rejects them,” together with a diatribe against Pope Leo in another post saying he was very liberal, liked crime, and was only elected because Trump had been elected..

Keep ReadingShow less