Bowling Green Today

U.S. Senator Rand Paul (R-KY), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee (HSGAC), introduced the Reforming Emergency Powers to Uphold the Balances and Limitations Inherent in the Constitution (REPUBLIC) Act on May 21, 2024. The legislation aims to allow the President to take immediate action in crisis situations while requiring congressional review of presidential invocation of emergency powers.

“The REPUBLIC Act reins in the blank check of power presidents write themselves in the name of self-declared emergencies,” said Dr. Paul. “It does all this while preserving the president’s authority to act immediately to defend our nation in a real emergency.”

Under current law, specifically the National Emergencies Act of 1976, the President can unilaterally determine when and how to exercise extraordinary powers not permitted during normal operations. Once declared, emergencies are rarely terminated; for instance, the national emergency relating to the Iranian hostage crisis from 1979 is still active.

Certain emergency powers granted under existing laws have raised concerns about their compatibility with constitutional principles. One such power under the Communications Act of 1934 allows the President significant control over internet access, email surveillance, computer systems, television and radio broadcasts, and cell phones. Additionally, secret Presidential Emergency Action Documents have previously authorized actions such as detaining "dangerous persons" within the United States and suspending habeas corpus during emergencies.

The REPUBLIC Act proposes several measures:

- Allowing the President to exercise emergency powers for 30 days prior to congressional approval.

- Permitting Congress to renew emergencies for a maximum of 90 days per any Act of Congress enacting a renewal.

- Prohibiting subsequent declarations and exercises of emergency powers regarding identical circumstances if not approved or renewed by Congress.

- Limiting any national emergency from continuing beyond five years.

- Providing expedited procedures in each House of Congress for considering joint resolutions of approval.

- Requiring presidential reports to Congress detailing circumstances necessitating an emergency declaration, estimated duration, intended actions, and actions taken in preceding periods.

- Terminating presidential control over U.S. communications infrastructure under the Communications Act of 1934.

- Prohibiting sanctions on U.S. persons without due process under IEEPA.

- Mandating congressional approval before deploying force under the Insurrection Act.

- Requiring disclosure of Presidential Emergency Action Documents to Congress.

Further details on the REPUBLIC Act can be accessed through Senator Paul's official channels.

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