House Speaker Nancy Pelosi announced on Thursday that she and her Democratic colleagues in Congress will file a lawsuit to halt President Donald Trump’s emergency declaration that representatives were unable to stop in Congress.
“The President’s action clearly violates the Appropriations Clause by stealing from appropriated funds, an action that was not authorized by constitutional or statutory authority,” Pelosi said in a statement, according to The Hill.
“Congress, as Article I – the first branch, coequal to the other branches – must reassert its exclusive responsibilities reserved by the text of the Constitution and protect our system of checks and balances.”
While Congress attempted to pass a resolution that would kill Trump’s declaration, the House did not have the two-thirds majority it would have needed to override a presidential veto, which was this president’s first of his time in office.
Democrats are now hoping for a judicial fix to the problem that they see in using emergency funds to build a border wall between the United States and Mexico.
“The House will once again defend our Democracy and our Constitution, this time in the courts,” Pelosi said. “No one is above the law or the Constitution, not even the President.”
According to The Hill, the lawsuit was authorized by a congressional leadership that oversees the House general counsel’s office, The Bipartisan Legal Advisory Group.
Both Pelosi and Rep. Joaquin Castro (D-Texas), the Congressional Hispanic Caucus chairman have indicated that they might attempt to force another vote to block the declaration, which will be allowed again in six months.
In a joint statement following the failed vote Pelosi and Castro said, according to The Hill, “In six months, the Congress will have another opportunity to put a stop to this President’s wrongdoing. We will continue to review all options to protect our Constitution and our Democracy from the President’s assault.”