Bowling Green Today

On May 21, 2024, 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. The proposed legislation aims to allow the President to take immediate action in crisis situations while requiring congressional review of presidential invocation 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, 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 related to the Iranian hostage crisis remains active.

Some emergency powers granted under existing laws have raised concerns about their compatibility with constitutional principles. One such power under the Communications Act of 1934 allows the President significant control over internet access, email surveillance, and various communication systems. Additionally, secret Presidential Emergency Action Documents have historically authorized measures like detaining "dangerous persons" within the United States and suspending habeas corpus during emergencies.

The REPUBLIC Act proposes several changes:

- Allowing Presidents 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 an Act of Congress.

- Prohibiting subsequent declarations and use of emergency powers if not approved or renewed by Congress.

- Limiting any national emergency duration to five years.

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

- Mandating presidential reports to Congress detailing circumstances necessitating an emergency declaration, estimated duration, actions intended and taken within a preceding 90-day period.

- 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.

- Requiring disclosure of Presidential Emergency Action Documents to Congress.

The full text of the REPUBLIC Act is available for public reading.