Bowling Green Today

U.S. Senator Rand Paul (R-KY), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee, has introduced the Reforming Emergency Powers to Uphold the Balances and Limitations Inherent in the Constitution (REPUBLIC) Act. The proposed legislation aims to allow presidential action in crisis situations while requiring congressional review of emergency powers that may threaten constitutional principles.

“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, presidents can unilaterally declare emergencies and exercise extraordinary powers not available during normal operations. Many declared emergencies, such as the one from 1979 related to the Iranian hostage crisis, remain active indefinitely.

Dr. Paul highlighted concerns over certain emergency powers like those under the Communications Act of 1934, which grant extensive control over internet access, email surveillance, and broadcasting systems. Additionally, secret Presidential Emergency Action Documents have historically allowed measures like detaining individuals deemed dangerous and suspending habeas corpus during emergencies.

The REPUBLIC Act proposes several key changes:

- Allowing presidential exercise of emergency powers for 30 days before requiring congressional approval.

- Permitting Congress to renew emergencies for up to 90 days per renewal act.

- Prohibiting subsequent declarations or exercises of emergency powers if a national emergency is not approved or renewed.

- Limiting any national emergency duration to a maximum of five years.

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

- Requiring detailed reports from the President to Congress on declared emergencies.

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

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

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

- Requiring disclosure of Presidential Emergency Action Documents to Congress.

You can read more about the REPUBLIC Act [here].

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