Bowling Green Today

On May 21, 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. The legislation aims to allow the President to take immediate action during crises while also requiring congressional review of presidential 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, specifically the National Emergencies Act of 1976, Presidents can unilaterally determine when and how to exercise extraordinary powers not permitted during normal operations. These emergencies are rarely terminated; for example, a national emergency declared in 1979 relating to the Iranian hostage crisis remains in effect.

Dr. Paul highlighted concerns over certain emergency powers granted under existing laws. One such power from the Communications Act of 1934 allows Presidents significant control over internet access, email surveillance, and communication systems including television and radio broadcasts. 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 key measures:

- Allowing the President to exercise emergency powers for up to 30 days without congressional approval.

- Permitting Congress to renew emergencies for a maximum of 90 days through an Act of Congress.

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

- Limiting any national emergency duration to five years.

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

- Requiring detailed reports from the President on circumstances necessitating an emergency declaration and actions taken.

- 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.

For further details, you can read the REPUBLIC Act [HERE].