Bowling Green Today

On May 23, 2024, U.S. Senator Rand Paul (R-KY), the 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. This legislation aims to balance presidential emergency powers with congressional oversight.

“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 declare emergencies and exercise extraordinary powers. Such declarations are rarely terminated; for instance, the national emergency declared during the 1979 Iranian hostage crisis remains active.

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 for similar circumstances if not approved or renewed by Congress.

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

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

- Requiring detailed reports from the President on emergencies, including actions taken and intended measures.

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

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

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

- Requiring disclosure of Presidential Emergency Action Documents to Congress.

Dr. Paul emphasized that some emergency powers granted under existing laws conflict with constitutional principles and should be re-evaluated.

Further details on this legislation can be accessed through official channels.