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 today. 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 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, the President is authorized to unilaterally determine when and how to unlock and exercise extraordinary powers not permitted during normal operations. Once declared, emergencies are rarely terminated; for example, the 1979 national emergency relating to the Iranian hostage crisis remains in effect.

Some powers granted under these laws are seen as incompatible with a constitutional republic. For instance, an emergency power pursuant to the Communications Act of 1934 gives the President nearly unchallenged authority over internet access, email surveillance, and control over computer systems, television and radio broadcasts, and cell phones. 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 changes:

- Allowing the President to exercise emergency powers for 30 days prior to congressional approval.

- Permitting Congress to renew emergencies for a maximum of 90 days per any Act of Congress enacting a renewal.

- Prohibiting subsequent declarations and exercising emergency powers regarding identical circumstances if not approved or renewed by Congress.

- Limiting any national emergency duration beyond 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, estimated duration, intended actions, and actions taken within preceding 90 days.

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

- Prohibiting sanctions against 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.

Further details on the REPUBLIC Act can be accessed HERE.

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