Bowling Green Today

U.S. Senator Rand Paul (R-KY), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee (HSGAC), recently introduced the Reforming Emergency Powers to Uphold the Balances and Limitations Inherent in the Constitution (REPUBLIC) Act. The legislation aims to allow the President to take immediate action during crises while requiring congressional review of presidential emergency powers that may 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, Presidents have broad authority to determine when and how to use extraordinary powers not available during normal operations. These emergencies are rarely terminated; for instance, the 1979 national emergency related to the Iranian hostage crisis remains active.

Some emergency powers granted under existing laws are considered highly controversial. For example, under the Communications Act of 1934, Presidents have significant authority over internet access, email surveillance, computer systems control, and media broadcasts. Additionally, secret Presidential Emergency Action Documents have previously 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 through an Act of Congress.

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

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

- Establishing expedited procedures for joint resolutions of approval in both Houses of Congress.

- Mandating presidential reports detailing circumstances necessitating an emergency declaration, its estimated duration, intended actions, and actions taken over preceding 90 days.

- 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.

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

- Mandating disclosure of Presidential Emergency Action Documents to Congress.

For more information on this legislation, you can read about it [here](URL).