Bowling Green Today

May 21, 2024

WASHINGTON, D.C. – 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 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 permitted during normal operations. These emergencies are rarely terminated; for instance, the national emergency declared in 1979 related to the Iranian hostage crisis remains in effect.

Some emergency powers are viewed as fundamentally incompatible with a constitutional republic. One such power under the Communications Act of 1934 grants nearly unchecked authority to restrict internet access, conduct email surveillance, and control various communication systems including television, 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 key measures:

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

- Permitting Congress to renew emergencies for up to 90 days per any renewal Act.

- Prohibiting subsequent declarations or exercises of emergency powers for 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.

- Mandating presidential reports detailing circumstances necessitating an emergency declaration, its estimated duration, intended actions, and actions taken over preceding periods.

- Terminating presidential control over U.S. communications infrastructure as granted by 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.

- Demanding disclosure of Presidential Emergency Action Documents to Congress.

Further details on this legislation can be accessed through Senator Rand Paul's official channels.

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