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 immediate presidential action in crisis situations while mandating congressional review of 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, the President can unilaterally determine when to exercise extraordinary powers not permitted during normal operations. Once declared, these emergencies are rarely terminated; for instance, the national emergency from the 1979 Iranian hostage crisis remains active.

Certain powers granted under existing laws are seen as contrary to constitutional principles. For example, under the Communications Act of 1934, the President has extensive authority over internet access, email surveillance, and control over various communication systems. Additionally, secret Presidential Emergency Action Documents have historically authorized actions such as detaining "dangerous persons" within the United States and suspending habeas corpus during emergencies.

The REPUBLIC Act proposes several key measures:

- Allowing presidential exercise of emergency powers for up to 30 days before requiring congressional approval.

- Permitting Congress to renew emergencies for a maximum period of 90 days per renewal.

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

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

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

- Mandating presidential reports to Congress on emergency circumstances, estimated duration, intended actions, and actions taken within preceding periods.

- 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.