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 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. Once declared, emergencies are rarely terminated; for instance, the 1979 national emergency related to the Iranian hostage crisis remains in effect.

Some powers granted under such laws are seen as inimical to 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 previously authorized actions like detaining "dangerous persons" within the U.S. 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 or exercises of emergency powers regarding the same circumstances if not approved or renewed by Congress.

- Limiting any national emergency from continuing beyond five years.

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

- Requiring presidential reports to Congress detailing circumstances necessitating an emergency declaration, estimated duration, intended actions, and actions taken in preceding 90 days.

- 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.

Further details on this legislation can be found [here](https://www.paul.senate.gov).

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