Bowling Green Today

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 on May 21, 2024. The legislation aims to allow the President to take immediate action in crisis situations while requiring congressional review of presidential invocation of emergency powers that 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 is authorized to unilaterally determine when and how to unlock and exercise extraordinary powers not permitted during normal operations. These declared emergencies are rarely terminated; for instance, the national emergency relating to the Iranian hostage crisis from 1979 remains in effect.

Some powers granted under such laws are considered by critics as contrary to constitutional principles. For example, an emergency power under the Communications Act of 1934 gives the President extensive authority over internet access, email surveillance, computer systems, television and radio broadcasts, and cell phones. Additionally, secret Presidential Emergency Action Documents have previously authorized actions like detaining "dangerous persons" within the United States 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 through an Act of Congress.

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

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

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

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

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

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

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

- Requiring disclosure of Presidential Emergency Action Documents to Congress.

Further details on the REPUBLIC Act can be accessed [HERE].