Since the House resolution is written so simply, there are few ways to alter the resolution through “germane” amendments. “They’re applying a pretty tight filter,” said Sen. John Thune, the No. 2 GOP leader. | Chip Somodevilla/Getty Images Congress GOP running out of options on Trump’s border emergency The Senate parliamentarian is unlikely to allow Republicans to significantly amend a resolution blocking the president’s emergency declaration.

Senate Republicans are unlikely to be permitted to dramatically amend the House-passed resolution that would overturn the president’s national emergency, suggesting they will be confronted with a simple referendum on the president’s controversial declaration later this week.

The Senate parliamentarian is expected to allow few if any significant amendments at a majority threshold, according to people familiar with conversations with parliamentary staff. Some GOP senators, like Pat Toomey of Pennsylvania, have been seeking to modify the resolution to profess alarm at the situation on the southern border and proclaim support for a wall even as senators pan the president’s end run around Congress.


But because the House resolution is written so simply, there are few ways to alter the resolution through “germane” amendments and the parliamentarian has made it clear that substantive votes are unlikely to be allowed, a senior Republican aide said.

That means there are fewer exit ramps from a clash with the president over his extraordinary use of the emergency law, which Republicans fear will set a precedent allowing future Democratic presidents to unilaterally shift billions of dollars for liberal priorities.

“They’re applying a pretty tight filter,” said Sen. John Thune (R-S.D.), the No. 2 GOP leader. “There are a few amendments that could meet the germaneness test, but there are [others] that don’t do it.”

“It’s almost impossible to write a germane amendment under whatever their germane rules are. So I don’t think they’re going to allow any amendments,” Sen. Rand Paul (R-Ky.) said.

Republicans could try to appeal any parliamentarian ruling they disagree with, but it’s unclear whether there’s an appetite for re-writing Senate precedent on the fly later this week.

Senate Majority Leader Mitch McConnell said the Senate will vote on the House resolution Thursday.

The Kentucky Republican said he “may well” support amending the National Emergencies Act, but that any changes “would be prospective” and “wouldn’t apply to the current situation.”

“We’re looking at some ways to revisit the law. There’s a lot of discomfort with the law,” McConnell added, noting the law as written may be “too broad.”

Vice President Mike Pence met with Republican Sens. Thom Tillis of North Carolina, Lamar Alexander of Tennessee, Rob Portman of Ohio, Mike Lee of Utah and Toomey on Tuesday to hear them out about possible changes to the law, according to a person familiar with the meeting. Some of those senators have been seeking a deal with Trump to change the National Emergencies Act in exchange for supporting the president on the disapproval vote this week.

Pence went into the meeting in “listening mode” the person said, adding that the vice president would relay the ideas to the president but made no commitments: "He made clear [the administration] is committed to acting to secure the border."

Absent an agreement with the administration over altering the National Emergencies Act to give Congress back more power, opponents of Trump’s move say he might be headed for a resounding defeat.

“It’ll probably be a straight up vote, and I think you’ll get around mid 50s to high 50 as far as disapproval numbers,” Paul said.

Trump has become increasingly interested in the upcoming vote, tweeting in support of party unity and urging Republicans to stick together.

About a dozen Senate Republicans are weighing whether to oppose the president on the resolution of disapproval, which needs just a simple majority to pass, which could force Trump to issue the first veto of his presidency.

“Republican Senators have a very easy vote this week. It is about Border Security and the Wall (stopping Crime, Drugs etc.), not Constitutionality and Precedent,” Trump tweeted on Monday. “Get tough R’s!”

Marianne LeVine contributed to this report.