Bowling Green Today

U.S. Senator Rand Paul (R-KY), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee (HSGAC), has introduced the Reforming Emergency Powers to Uphold the Balances and Limitations Inherent in the Constitution (REPUBLIC) Act. The proposed legislation aims to balance the President's ability to act swiftly in crisis situations with a requirement for congressional review of emergency powers that could 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, specifically the National Emergencies Act of 1976, the President can unilaterally determine when and how to exercise extraordinary powers not allowed during normal operations. These emergencies are rarely terminated; for example, the national emergency declared in 1979 related to the Iranian hostage crisis remains in effect.

Some emergency powers are considered fundamentally incompatible with a constitutional republic. One such power under the Communications Act of 1934 grants nearly unchallenged authority to restrict internet access, conduct email surveillance, and control various communication systems. Additionally, secret Presidential Emergency Action Documents have historically authorized actions like detaining "dangerous persons" within the U.S. and suspending habeas corpus during emergencies.

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 on identical circumstances if not approved or renewed by Congress.

- Limiting any national emergency from continuing beyond five years.

- Providing expedited procedures for congressional consideration of joint resolutions of approval.

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

- Terminating presidential control over U.S. communications infrastructure as granted by the Communications Act of 1934.

- Prohibiting sanctions on 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.

For more details on the REPUBLIC Act, interested parties can read it [here](#).