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 today. The legislation aims to allow immediate presidential action during crises while requiring congressional review for emergency powers that could threaten constitutional principles such as separation of powers and due process.

“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 to exercise extraordinary powers not permitted during normal operations. These emergencies are rarely terminated; for instance, a national emergency declared in 1979 related to the Iranian hostage crisis remains in effect.

Some emergency powers, according to Dr. Paul, are fundamentally incompatible with a constitutional republic. For example, under the Communications Act of 1934, the President has broad authority over internet access, email surveillance, and control over computer systems, television and radio broadcasts, and cell phones. Furthermore, secret Presidential Emergency Action Documents have historically authorized actions such as detaining "dangerous persons" within the U.S. and suspending habeas corpus during emergencies.

The REPUBLIC Act proposes several measures:

- 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 on identical circumstances if an emergency is not approved or renewed.

- Limiting any national emergency duration to five years.

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

- Mandating presidential reports to Congress detailing circumstances necessitating an emergency declaration, its estimated duration, intended actions, and actions taken in the previous 90 days.

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

- Banning sanctions against U.S. persons under IEEPA without due process.

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

- Requiring disclosure of Presidential Emergency Action Documents to Congress.

The full text of the REPUBLIC Act can be read HERE.

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