National Emergencies Act: No president should be handed a blank check and endless special powers

By Paul Gosar
Washington Times
https://www.washingtontimes.com/news/2023/jun/12/national-emergencies-act-no-president-should-be-ha/

The National Emergencies Act (NEA) is a law that provides the President of the United States the authority to declare a national emergency. Under this law, the president can utilize 148 temporary tyrannical powers.  In theory, this law provides the president with the ability to respond quickly and effectively to events that require immediate attention, such as the ability to redirect funds from previously congressionally approved programs to address the emergency, but this is rarely the case.

 

Importantly, Section 202 of the NEA mandates that Congress must consider a joint resolution to terminate a national emergency no later than six months after it’s declared, and within every six months after that. Resolutions terminating national emergencies are subject to privileged consideration in the House and Senate.  In addition to required congressional review, the president is required to provide Congress with periodic national emergency expenditure reports (50 USC 1641(c)). Despite repeated bicameral requests, no such expenditure report related to the COVID-19 national emergency has been produced by the Biden administration.

 

Perhaps surprisingly, there are currently 41 declared national emergencies still in effect in the United States.   The oldest active national emergency declaration dates as far back to 1979.  Most national emergency declarations still in effect include those related to foreign affairs, including but not limited to Yemen, Libya, Iraq. Syria, and the Congo. 

 

While national emergency declarations are ostensibly meant to focus on protecting the well-being and safety of American citizens, without proper congressional oversight, the additional authorities provided to the president can lead to the expansion of executive power and abuse.  For example, in 2003, President George W. Bush declared a national emergency and cited it as the legal basis for the invasion of Iraq, despite the fact that Iraq was not actually a threat to the national security of the United States.  This decision was an abuse of executive power, violated international law, and undermined the authority of Congress. 

 

More recently, Joe Biden used the COVID-19 national emergency powers to justify his bogus student loan forgiveness scheme claiming the pandemic created a hardship that made it difficult to repay college loans.  The White House has even publicly admitted that they are bypassing Congress and “repurposing unobligated emergency COVID relief” funds to no doubt advance their woke agenda. Thankfully, after more than two years of no oversight, Congress finally passed and Joe Biden signed into law H.J. Res 7, legislation I led terminating the COVID-19 national emergency declaration.  

 

Such is not the case regarding the active 41 emergencies declarations.  Congress has failed perform its most basic Constitutional duty: checking the powers of the executive branch.  Not once has Congress reviewed any of these extended emergency declarations, as required by law.  The result?  These 41 national emergency declarations exist seemingly in perpetuity because Congress has not reclaimed its constitutional power of the purse or use of sanctions. 

 

Congress must reign in executive powers and recover its Article One authorities. No president, regardless of party, should be handed a blank check and endless special powers that can be used to circumvent the normal democratic process, exceed their constitutional authority, and violate the balance of power.  It is crucial that the use of the NEA be subject to careful scrutiny, ensuring that it is only used when truly necessary and swiftly reviewed for termination when no longer justified.  

 

The law governing national emergency declarations envisions that they be short-lasting and requiring Congressional review and oversight.  Fortunately, under the NEA, resolutions terminating national emergencies are privileged for consideration in the House and Senate.  Itis time for Congress to debate and vote to terminate ALL national emergency declarations and that time is now.