Bowling Green Today

U.S. Senator Rand Paul (R-KY), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee (HSGAC), has introduced the Reforming Emergency Powers to Uphold the Balances and Limitations Inherent in the Constitution (REPUBLIC) Act. The proposed legislation aims to allow the President to take immediate action during crises while mandating congressional review of presidential emergency powers, thereby safeguarding constitutional principles such as separation of powers and due process.

“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 exercise extraordinary powers not permitted during normal operations. These declared emergencies are rarely terminated; for instance, the national emergency declared in 1979 related to the Iranian hostage crisis remains active.

Certain emergency powers are considered antithetical to a constitutional republic. One example is an emergency power under the Communications Act of 1934, which grants nearly unchecked authority to restrict internet access, conduct email surveillance, and control various communication systems. 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 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 and exercises of emergency powers regarding identical circumstances if not approved or renewed by Congress.

- Limiting any national emergency from extending beyond five years.

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

- Requiring presidential reports detailing circumstances necessitating an emergency declaration, estimated duration, intended actions, and actions taken over the 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.

For more details on this legislation, refer to Dr. Paul's official release.