![]() ![]() “The Constitution doesn’t grant emergency powers to the President, but some people think that power is implied,” says Edelson, “and some members think presidents should have this power.” Ongoing U.S. Some lawmakers may, despite the 1976 act, feel that the president must retain this particular power for the sake of national safety. ![]() The matter is also an example of how different people in government may have different interpretations of the extent of presidential powers. Edelson suggests it’s possible that, while members of Congress know they can curtail the President’s power to declare a national emergency, they may not be inclined to do so if the President is also the head of their party. In terms of why this power hasn’t been reigned in more, partisanship could be at play. Just as presidents have declared war without Congressional approval, even after the War Powers Resolution was passed in that same mid-1970s era, presidents have exercised their right to declare an emergency without much practical worry about being checked. Thirty-one of the national emergencies declared via the National Emergencies Act since 1976 are technically still in effect, having never been formally ended, according to CNN. A 2014 USA Today investigation reported that Congress has renewed them without doing the required periodic check-ins. In reality, however, the law has proved little-used. That was the same period that gave the United States the Ethics in Government Act and the Foreign Intelligence Surveillance Act, for example. If you don't get the confirmation within 10 minutes, please check your spam folder.Įdelson characterizes this law as one of several passed after the Nixon presidency, fresh off Watergate and the Vietnam War, when Congress - all too aware of how a presidency could take a turn for the worse - took deliberate steps to safeguard against a president acting unilaterally. Click the link to confirm your subscription and begin receiving our newsletters. For your security, we've sent a confirmation email to the address you entered. ![]()
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