The US House of Representatives is set to vote on a resolution to overturn President Donald Trump's national emergency declaration.

House Democrats tabled the motion last week labelling it "lawless" and warning that it constitutes a threat to the balance of power between congress, the President and the White House.

Announcing the vote House Speaker Nancy Pelosi noted that the US "battled against a monarchy" for its independence and "did not intend to establish one in our country."

National emergency

President Trump declare the national emergency on February 15th in a bid to circumvent Congress and access billions of dollars in funds for his planned wall along the Mexican border.

The wall was one of his key campaign promises - although he continuously insisted Mexico would front the bill.

The resolution is expected to ease its way through the Democratic-held House of Representatives, however the real battle will begin when it arrives before the Senate.

US President Donald Trump at the White House, 15-02-2019. Image: Xinhua/Hu Yousong

Two Republican senators have publicly said they will break ranks to let it pass - however at least two more are needed if that is to happen.

If it makes its way through the Senate, President Trump will have the option to veto it - meaning it would have to go back to Congress and would require a two-third majority from the combined houses to come into force.

President @realDonaldTrump announced his national emergency to redirect funds towards the construction of a border wall.

A lawless act.
A gross abuse of power.
A pathetic attempt to distract from how he broke his promise to have Mexico pay for the wall. https://t.co/zBh4PaoOMs

— Chuck Schumer (@SenSchumer) February 25, 2019

The Democratic Party's leader in the Senate Chuck Schumer said lawmakers must not allow presidents to declare emergencies "on a whim" simply because they "can’t get their way in the Congress."

He warned the declaration could "cannibalise" funding from other national projects .

At a press conference on Monday, Democratic Representative Steny Hoyer said he had visited the border twice in the past few weeks.

“What I concluded is there is no crisis at the border," he said. "The issue will be whether there is a crisis of our constitutional adherence.”

Border wall

The declaration is also being challenged in the US federal Court system.

16 Democrat-held states - led by California - have filed lawsuits against the Trump administration accusing the president of misusing his power and treating the rule of law with contempt.

As he made the announcement, President Trump said he expected to be challenged in the courts - but said he expected to eventually win out in the US Supreme Court, which shifted to the Right with Trump’s appointment of Judge Brett Kavanaugh last year.