President Trump: Evan Vucci/AP/REX/Shutterstock

By Glynn Wilson –

A dozen Republican Senators turned against President Donald Trump on Thursday by joining Senate Democrats in a vote to overturn Trump’s national emergency declaration, the latest move in his ongoing effort to build a wall on the southern border of the U.S.

Some Republicans who otherwise support the president on border security voted down his move saying it exceeded his presidential powers. The resolution overturning the declaration — which had already passed in the House — was approved 59-to-41 in a Senate controlled by the Republicans by a margin of 53-47.

The vote potentially sets up the first opportunity for a veto of Mr. Trump’s presidency. The margin is not enough to override a presidential veto, should Trump deliver on his threats on Twitter.

Speaking out for his fellow Republican dissenters, Senator Lamar Alexander of Tennessee made the case for why Trump’s move was unconstitutional, and will be challenged in the courts even if Trump resorts to the veto.

“Never before has a president asked for funding, Congress has not provided it, and the president then has used the National Emergencies Act of 1976 to spend the money anyway,” Alexander said. “Our nation’s founders gave to Congress the power to approve all spending so that the president would not have too much power. This check on the executive is a crucial source of our freedom.”

Republicans who voted their disapproval of Trump’s attempt to exceed his power included Roy Blunt of Missouri, Susan Collins of Maine, Mike Lee of Utah, Lisa Murkowski of Alaska, Rob Portman of Ohio, Mitt Romney of Utah, Marco Rubio of Florida, Patrick J. Toomey of Pennsylvania, Rand Paul of Kentucky, Roger Wicker of Mississippi, Lamar Alexander of Tennessee and Jerry Moran of Kansas.

“I believe the use of emergency powers in this circumstance violates the Constitution,” Moran said in a statement. “This continues our country down the path of all powerful executive — something those who wrote the Constitution were fearful of.”

Among the Democrats voting for the resolution was Doug Jones of Alabama, who had already said he would vote against the president on this issue.

“I am against this national emergency declaration, and I will vote to stop it. Running circles around our Constitution and the will of the people is no way to govern,” Jones said. “There’s a time when you have to stand with the President regardless of party. But there’s always a time when you have to stand with the Constitution regardless of who the president or party leadership is. What’s wrong is wrong. And no leader of either party should let the President do this.”

Trump lobbied hard for the revolution’s failure, threatening Republicans at election time who didn’t stand loyal to him. But he could not overcome concerns about the legality of redirecting $3.6 billion from military construction projects toward the border wall, even after Congress explicitly rejected the request for funding.

“This is a vote for the Constitution and for the balance of power that are at its core,” Romney said in a statement. “For the executive branch to override a law passed by Congress would make it the ultimate power rather than a balancing power. This is not a vote against border security.”

As the Senate delivered its rebuke, senior military commanders announced they would begin to scale back about 40 percent of the 6,000 troops deployed at the southwestern border at Mr. Trump’s request.

Gen. Joseph F. Dunford Jr., the Joint Chiefs chairman, when asked Thursday morning during a Senate Armed Services hearing to assess the threat posed by an influx of migrants from the Mexican side of the border, said “It’s a security challenge — not a military threat.”

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U.S. Senator Doug Jones of Alabama to Join Democrats and Republicans Voting Down President Trump’s National Emergency Declaration for Southern Border Wall