Bowling Green Today

U.S. Senator Rand Paul (R-KY), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee, has introduced the Reforming Emergency Powers to Uphold the Balances and Limitations Inherent in the Constitution (REPUBLIC) Act. The legislation aims to allow immediate presidential action in crises while mandating congressional review 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, the National Emergencies Act of 1976 permits unilateral presidential determination for exercising extraordinary powers during emergencies, which are seldom terminated. For example, the 1979 national emergency related to the Iranian hostage crisis remains active.

Certain emergency powers granted under laws like the Communications Act of 1934 provide nearly unchecked presidential authority over internet access, email surveillance, and control over communication systems. Secret Presidential Emergency Action Documents have also authorized actions such as detaining "dangerous persons" and suspending habeas corpus during emergencies.

The REPUBLIC Act proposes several measures:

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

- Permitting Congress to renew emergencies for up to 90 days through an act.

- Prohibiting subsequent declarations or exercises of emergency powers on identical circumstances without approval or renewal.

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

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

- Mandating presidential reports to Congress detailing emergency circumstances, estimated durations, 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 under IEEPA without due process.

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

- Mandating disclosure of Presidential Emergency Action Documents to Congress.