WASHINGTON — QUESTION:
Can Congress pass legislation to repeal a national emergency declaration?
50 U.S. Code § 1622- National Emergencies
The President is poised to sign a spending bill, officially diverting another government shutdown, Press Secretary Sarah Sanders confirmed Thursday.
However, without funding for the border wall included in the spending bill, Republican lawmakers are rumoring Trump will declare a national emergency, to clinch funding for a what he calls a "humanitarian crisis."
If the President declares a national emergency, does Congress have any recourse to block the declaration?
Under federal law, they do.
"Any national emergency declared by the President in accordance with this sub-chapter shall terminate if there if there is enacted a joint resolution terminating the emergency," 50 U.S. Code § 1622 reads, "or the president issues a proclamation terminating the emergency," the law continues.
But remember, for any law to go into effect it has to be signed by the President.
Congress would then have to overturn the President's veto with a two-thirds majority in each chamber, to effectively repeal the emergency.
So we can Verify, yes, technically Congress can repeal a declaration of a national emergency, but that would require the Democrats in the House and Republicans in the Senate to put their differences aside.