Portman defies president on emergency declaration

The stage is now set for a major constitutional battle in the U.S. Supreme Court over the president’s emergency powers, and Ohio’s junior U.S. senator, Republican Rob Portman, is gaining national prominence for the position he has taken.

Portman’s warning of presidential overreach has put him at odds with Republican President Donald Trump, who used the National Emergencies Act to declare an emergency with regard to the U.S.-Mexico border wall.

But the president didn’t stop there. To fund the wall, he said he would divert $3.6 billion from military construction projects, while using more traditional presidential discretion to grab $2.5 billion now allocated to military drug interdiction efforts, largely involving National Guard units and cooperation with civilian agencies such as the Department of Homeland Security and the Drug Enforcement Administration.

He also would use $600 million from a Treasury Department asset forfeiture fund.

By diverting the $3.6 billion from military construction projects, Trump is circumventing a provision of the Constitution that requires all spending bills to originate in the House of Representatives.

Congress reacted to the president’s action by adopting a resolution to block his declaration. The resolution sailed through the Democratic-controlled House, but the Democratic minority in the Senate needed the support of 12 Republicans to pass the resolution.

In keeping with his promise, Trump vetoed the measure. It’s unlikely Congress will override the first veto of his two-year tenure, which means the issue ultimately will end up in the Supreme Court.

Several states have filed lawsuits arguing that Trump is misusing the National Emergencies Act.

Noteworthy comments

Portman’s comments during Senate debate on the resolution to block the declaration is worth public attention.

Here’s what the senator, who has been largely supportive of the president, said:

“The use of national emergency powers to circumvent Congress’s explicit decision on funding is unprecedented. No president has ever used what’s called the National Emergencies Act in this way. As a result, it opens the door to future presidents to implement whatever policy they want, and to funding from other areas that Congress has already decided on, without Congress’s approval.

“Once a president declares an emergency he or she has access to a lot of power – some would say unlimited power. A future president could seize industry or control means of communications. … A future president can say that climate change is a national emergency and use their authority to implement the Green New Deal.”

The underlying argument presented by Portman mirrored the one from Ohio’s senior senator, Sherrod Brown, and the other Democrats who lambasted Trump’s overreach.

A key question the Supreme Court must ultimately answer is this: What constitutes a national emergency?

The president believes the “invasion of drugs and criminals coming into our country” is no different than the Sept. 11, 2001, terrorist attack on America’s homeland that claimed more than 3,000 lives, or the Person Gulf War, or any of the 50 or so previous emergency declarations under the 1970s-era law.

But there is a major difference between Trump’s emergency and the others: Previous presidents did not seek to circumvent Congress’ constitutional authority by simply ignoring lawmakers’ spending priorities.

Trump had asked for $5.7 billion, but Congress approved $1.375 billion for about 50 miles of fencing.

The effect of his money grab will be felt far and wide, especially if he succeeds in redirecting the $3.6 billion from military construction projects.

We would urge Trump’s supporters to take a hard look at the ramifications of their hero stepping on Congress’ power of the purse.

In the heavily Democratic Mahoning Valley, which gave Republican Trump a huge vote in the 2016 election, the $8.8 million allocated for Youngstown Air Reserve Station is in jeopardy.

The money is to be used to upgrade the base’s main gate to meet federal safety requirements.

Also in danger is the $7.4 million for the construction of an automated multipurpose machine gun range at Camp Garfield’s (formerly Camp Ravenna) Joint Military Training Center.

The constitutional crisis triggered by Trump’s disregard for Congress’ authority is cause for concern. It reflects the president’s impatience with the balance of power principle that is the foundation of our system of government.