(CNSNews.com) - Sen. Ed Markey (D-Mass.) said Sunday that President Donald Trump’s emergency declaration is “a clear usurpation of congressional authority,” and he predicts when it goes to the courts, the Democrats will have “a very strong case” that it was “an unconstitutional action.”
“It's a clear usurpation of congressional authority. There will be a resolution of disapproval which most likely will pass in the House of Representatives this week. Then it will come over to the United States Senate,” he said.
Markey said “even if there are a small handful of Republicans who are willing to vote” for the resolution, Trump said he will veto it, “and then it will come back to the House and Senate, and I believe it is highly unlikely that there will be two-thirds of the House and Senate who will vote that way given the base support of the Republican Party for President Trump and his actions.”
“And then it will go to the courts, and I think in the courts we are going to have a very strong case that this is an unconstitutional action by the president in usurping an authority which was deliberately built into the Constitution, by the Founding Fathers to ensure that there was a separation of powers, that there was a check and balance on a president so that they could not act unilaterally,” he said.
Markey warned that Republicans should be “very cautious” in allowing Trump “to take this authority, because it would lead to a very significant diminution of the authority of the Congress in the future when any president, Democrat or Republican, seek to act.”
The House is set to vote on the resolution condemning the president’s emergency declaration on Tuesday.