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 emergency powers that could 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, as established by the National Emergencies Act of 1976, the President can unilaterally determine when and how to exercise extraordinary powers not permitted during normal operations. These emergencies are rarely terminated; for example, a national emergency declared in 1979 concerning the Iranian hostage crisis remains active.

Some powers granted under these laws have been criticized as overly broad. For instance, an emergency 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 authorized actions such as detaining "dangerous persons" within the U.S. and suspending habeas corpus during emergencies.

The REPUBLIC Act proposes several measures:

- Allowing the President to exercise 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 of emergency powers for identical circumstances if not approved or renewed.

- Limiting any national emergency from continuing beyond five years.

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

- Requiring presidential reports to Congress detailing circumstances necessitating an emergency declaration, its estimated duration, intended actions, and actions taken within the preceding 90 days.

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

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

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

- Mandating disclosure of Presidential Emergency Action Documents to Congress.

Further details about the REPUBLIC Act can be accessed [HERE].

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