Bowling Green Today

U.S. Senator Rand Paul (R-KY), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee, introduced the Reforming Emergency Powers to Uphold the Balances and Limitations Inherent in the Constitution (REPUBLIC) Act today. The proposed legislation aims to balance immediate presidential action in crises with congressional oversight to safeguard 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, the National Emergencies Act of 1976 allows the President to unilaterally declare emergencies and exercise extraordinary powers indefinitely. Notably, the national emergency declared during the 1979 Iranian hostage crisis remains active.

Dr. Paul highlighted concerns over certain powers granted under existing laws, such as those from the Communications Act of 1934, which provide extensive control over internet access, email surveillance, and media broadcasts. Additionally, secret Presidential Emergency Action Documents have previously authorized actions like detaining individuals deemed "dangerous" and suspending habeas corpus during emergencies.

The REPUBLIC Act proposes several measures:

- Allowing the President to exercise emergency powers for up to 30 days before requiring congressional approval.

- Permitting Congress to renew emergencies for a maximum of 90 days through legislative action.

- Prohibiting subsequent declarations on identical circumstances if not approved or renewed by Congress.

- Limiting any national emergency's duration to five years.

- Establishing expedited procedures for Congress to consider joint resolutions of approval.

- Mandating presidential reports to Congress detailing emergency circumstances, estimated durations, 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 under IEEPA without due process.

- 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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