Emergency Powers

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• emergency powers | Wex | US Law - Legal Information Institute

  Skip to main content Cornell Law School Search Cornell # emergency powers Emergency powers refer to the authority granted to executive officials to act beyond normal legal constraints in response to urgent threats that cannot be addressed through ordinary legislative or administrative procedures. In the United States, the most significant emergency powers available to the President are those authorized by the National Emergencies Act (NEA). [...] The NEA allows the President to unilaterally declare a national emergency, triggering access to over 120 statutory powers. These may include deploying military forces, freezing assets, restricting telecommunications, or regulating commerce. A declaration must include a justification, and the President is required to report to Congress periodically on actions taken and associated costs. [...] The U.S. Constitution does not explicitly grant emergency powers to the President, even in wartime. However, some scholars argue that the Constitution's structure implies such authority because the Executive Branch is designed for swift action. Despite this, courts have held that presidential emergency powers must be grounded in legislation. The judiciary will not recognize inherent emergency powers unless Congress has provided a statutory basis.

• Emergency Powers

  Emergency powers have existed in countries around the world for centuries. Their purpose is simple: to temporarily enhance executive power during unexpected crises that are moving too fast for Congress to respond. The Brennan Center’s original research cataloged 123 statutory authorities that become available to the president when he declares a national emergency. Many are measured and sensible, but others seem like the stuff of authoritarian regimes: giving the president the power to take over [...] Skip Navigation Facebook Bluesky Youtube Instagram Donate Home Issues Bolster Checks & Balances Executive Power Emergency Powers Project # Emergency Powers Presidents have access to a dizzying range of powers during a declared emergency. We’re working to enhance Congress’s role as a check against abuse of authority. Bolster Checks & Balances + Executive Power Bolster Checks & Balances + Executive Power ## Overview [...] The Brennan Center is working to fix the legal framework for emergency powers. We provided original research that helped spur a national conversation about the National Emergencies Act, and our congressional testimony helped provide a blueprint for reform that has drawn broad bipartisan support. And we are bringing much-needed public attention to specific emergency powers, such as the Insurrection Act, which delegates a dangerous amount of discretion to the president. ## Work & Resources

• Emergency powers | Government, Law & History

  SUBSCRIBE Ask the Chatbot Games & Quizzes History & Society Science & Tech Biographies Animals & Nature Geography & Travel Arts & Culture ProCon Money Videos Related Topics: : crisis management See all related content emergency powers, extraordinary powers invoked as a means of resolving a crisis or protecting a political regime. [...] The attacks on New York City and Washington, D.C., on September 11, 2001, and in London on July 7, 2005, ushered in a new wave of concern about the need for emergency powers. Both nations passed new statutes delegating new power to the executive, and in the United States the battle against terrorism generated an extended discussion on the reach of (and limits to) executive power. Emergency powers debates are not limited to the West, of course, and have been particularly relevant in eastern [...] limited emergency power, allowing for the suspension of ordinary judicial process in the event of war, invasion, or rebellion, but this authority is granted to Congress rather than to the president.

• National Emergencies Act - Wikipedia

  Congress has delegated at least 150 distinct statutory emergency powers to the President, each available upon the declaration of an emergency. Only 13 of these require a declaration from Congress; the remaining 137 are assumed by an executive declaration with no further Congressional input. [...] Congressionally-authorized emergency presidential powers are sweeping and dramatic, and range from suspending all laws regulating chemical and biological weapons, including the ban on human testing (50 U.S.C. § 1515, passed 1969); to suspending any Clean Air Act "Clean Air Act (United States)") implementation plan or excess emissions penalty upon petition of a state governor (42 U.S.C. (f) § 7410 (f), passed 1977); to authorizing military construction projects (10 U.S.C. (a) § 2808 (a), passed [...] Relyea, Harold C. (November 13, 2006). National Emergency Powers (PDF) (Report). Congressional Research Service Report for Congress, order code 98-505 GOV. "Toward Comprehensive Reform of America's Emergency Law Regime," including compendium of national emergency powers SSRN "SSRN (identifier)") 2056822

• Presidential emergency powers, explained

  While these recent abuses are troubling, the potential for more egregious violations of civil rights and liberties under a future authoritarian president are cause for genuine alarm. As the Brennan Center for Justice has documented, the declaration of a national emergency makes available to the president over 130 discrete statutory powers. These include the ability to shut down or control domestic transportation, suspend the Clean Air Act, and even seize Americans’ private property. [...] health emergencies. Upon declaring a national emergency, over 130 special authorities — such as the authority to shut down communications facilities or draw down equipment from national defense stockpiles— are immediately unlocked that enable a president to intervene in ways that are unavailable to them outside of an emergency declaration.