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 requiring 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, specifically the National Emergencies Act of 1976, the President can unilaterally determine when and how to exercise extraordinary powers not permitted during normal operations. Once declared, these emergencies are rarely terminated; for instance, the 1979 national emergency related to the Iranian hostage crisis remains in effect.

Some emergency powers are viewed as fundamentally incompatible with a constitutional republic. For example, under the Communications Act of 1934, the President has extensive authority over internet access, email surveillance, computer systems, television and radio broadcasts, and cell phones. Additionally, secret Presidential Emergency Action Documents have historically authorized measures such as detaining "dangerous persons" within the United States and suspending habeas corpus during emergencies.

The REPUBLIC Act proposes several key changes:

- Allowing presidential exercise of emergency powers for 30 days prior to congressional approval.

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

- Prohibiting subsequent declarations on identical circumstances if not approved or renewed by Congress.

- Limiting any national emergency duration to five years.

- Providing expedited procedures for congressional joint resolutions of approval.

- Requiring presidential reports to Congress detailing circumstances necessitating an emergency declaration and actions taken.

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

- Prohibiting sanctions on 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.

For more details on this legislative proposal, you can read about it [here](link).