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With the House override failing, the Senate won't attempt its own override and the veto will stand.

But the emergency declaration is not exactly settled, as it still faces a host of lawsuits , including one from a coalition of almost two-dozen states led by California.

"The president's lawless emergency declaration clearly violates the Congress's exclusive power of the purse, and Congress will work through the appropriations and defense authorization processes to terminate this unsafe action and restore our constitutional system of balance of powers", House Speaker Nancy Pelosi and top Hispanic Democratic Rep. Joaquin Castro said in a joint statement. A CNN poll conducted March 14-17 found that 50 per cent of those questioned agreed with Congress's resolution disapproving the emergency declaration, while 55 per cent said Trump shouldn't have vetoed the resolution. "Today's vote simply reaffirms Congressional Democrats are the party of Open Borders, Drugs and Crime!"

"We take an oath that we must honor" to protect the Constitution", Pelosi, D-Calif., speaking on her 79th birthday, said Tuesday.

Republicans said Trump was merely acting under a law that gives presidents emergency powers, and was trying to head off Democrats with little concern about border security.

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The House Democrats argued the Republican president had overstepped his authority by going around Congress's refusal to fund a border wall, because the legislature has the power to control spending under the Constitution.

President Trump and some Republican lawmakers are on the offensive following the release of special counsel Robert Mueller's report to Attorney General William Barr, suggesting on Monday that those behind the Russian Federation probe be investigated themselves. After a 35-day partial government shutdown earlier this year over the president's demand for US$5.7 billion in border wall funding, Congress agreed to provide only US$1.4 billion for physical barriers.

"President Trump can't take taxpayer dollars to build his wall without Congress's permission", California Attorney General Xavier Becerra, a former congressman who has filed a lawsuit to block Trump's declaration, said following the vote. But Democratic Representative Adam Smith, the Armed Services Committee's chairman, said Tuesday the panel did not approve the proposed use of Pentagon funds.

But Republicans said Trump had acted legally under a 1976 law known as the National Emergencies Act, under which previous presidents had declared dozens of emergencies. Trump long claimed Mexico would pay for the wall, but the national emergency declaration allows him to take $3.6 billion appropriated by Congress for military construction projects nationwide and use it to build barriers along the border instead.

Pelosi had called on lawmakers from both parties to pass the resolution to prevent the president from circumventing Congress's constitutional authority over spending. That ended when the president agreed to $1.37 billion for border barriers, far less than he wanted.