Elizabeth Goitin

So emergency powers, you can see why the temptation is there for presidents to use these powers rather than go through the normal policymaking and lawmaking process.

I mean, Congress has been providing these powers to the president since the founding. Our current system in which the president declares a national emergency and that declaration unlocks powers that are included in other statutes dates back to World War I.

I mean, Congress has been providing these powers to the president since the founding. Our current system in which the president declares a national emergency and that declaration unlocks powers that are included in other statutes dates back to World War I.

I mean, Congress has been providing these powers to the president since the founding. Our current system in which the president declares a national emergency and that declaration unlocks powers that are included in other statutes dates back to World War I.

It really evolved organically, this sort of system where Congress would talk about national emergencies and then the president started issuing declarations of national emergency. And in fact, the sort of organic nature of it turned out to be organic. A problem because there was no overarching law that governed the process.

It really evolved organically, this sort of system where Congress would talk about national emergencies and then the president started issuing declarations of national emergency. And in fact, the sort of organic nature of it turned out to be organic. A problem because there was no overarching law that governed the process.

It really evolved organically, this sort of system where Congress would talk about national emergencies and then the president started issuing declarations of national emergency. And in fact, the sort of organic nature of it turned out to be organic. A problem because there was no overarching law that governed the process.

And so, you know, there was no time limit on how long an emergency could stay in place. There was no reporting to Congress. This is why Congress in the 1970s enacted the National Emergencies Act. So what the National Emergencies Act did is, first of all, it placed a time limit on how long an emergency declaration could stay in place without being renewed by the president.

And so, you know, there was no time limit on how long an emergency could stay in place. There was no reporting to Congress. This is why Congress in the 1970s enacted the National Emergencies Act. So what the National Emergencies Act did is, first of all, it placed a time limit on how long an emergency declaration could stay in place without being renewed by the president.

And so, you know, there was no time limit on how long an emergency could stay in place. There was no reporting to Congress. This is why Congress in the 1970s enacted the National Emergencies Act. So what the National Emergencies Act did is, first of all, it placed a time limit on how long an emergency declaration could stay in place without being renewed by the president.

The NEA also, as originally enacted, gave Congress the power to terminate. an emergency declaration using something that was called a legislative veto. And that's a law that goes into effect with a simple majority of both houses of Congress and without the president's signature.

The NEA also, as originally enacted, gave Congress the power to terminate. an emergency declaration using something that was called a legislative veto. And that's a law that goes into effect with a simple majority of both houses of Congress and without the president's signature.

The NEA also, as originally enacted, gave Congress the power to terminate. an emergency declaration using something that was called a legislative veto. And that's a law that goes into effect with a simple majority of both houses of Congress and without the president's signature.

And that was a ready means for Congress to shut down an emergency declaration that was either inappropriate or was lasting too long. But then in 1983, the Supreme Court held that legislative vetoes are unconstitutional.

And that was a ready means for Congress to shut down an emergency declaration that was either inappropriate or was lasting too long. But then in 1983, the Supreme Court held that legislative vetoes are unconstitutional.

And that was a ready means for Congress to shut down an emergency declaration that was either inappropriate or was lasting too long. But then in 1983, the Supreme Court held that legislative vetoes are unconstitutional.

And so today, if Congress wants to terminate an emergency declaration, it basically has to pass a law by a veto-proof supermajority, which is, you know, next to impossible in today's political climate.

And so today, if Congress wants to terminate an emergency declaration, it basically has to pass a law by a veto-proof supermajority, which is, you know, next to impossible in today's political climate.

And so today, if Congress wants to terminate an emergency declaration, it basically has to pass a law by a veto-proof supermajority, which is, you know, next to impossible in today's political climate.

Yeah, well, some of them, if you look at these 150 powers that are at the president's disposal in a national emergency, a lot of them really do seem reasonable just on their face. They seem measured, something that you would want and expect the president to have. But some of them really do seem like the stuff of authoritarian regimes, right?