The President of the United States has available certain powers that may be
exercised in the event that the nation is threatened by crisis, exigency, or emergency
circumstances (other than natural disasters, war, or near-war situations). Such
powers may be stated explicitly or implied by the Constitution, assumed by the Chief
Executive to be permissible constitutionally, or inferred from or specified by statute.
Through legislation, Congress has made a great many delegations of authority in this
regard over the past 200 years.
There are, however, limits and restraints upon the President in his exercise of
emergency powers. With the exception of the habeas corpus clause, the Constitution
makes no allowance for the suspension of any of its provisions during a national
emergency. Disputes over the constitutionality or legality of the exercise of
emergency powers are judicially reviewable. Indeed, both the judiciary and
Congress, as co-equal branches, can restrain the executive regarding emergency
powers. So can public opinion. Furthermore, since 1976, the President has been
subject to certain procedural formalities in utilizing some statutorily delegated
emergency authority. The National Emergencies Act (50 U.S.C. 1601-1651)
eliminated or modified some statutory grants of emergency authority; required the
President to declare formally the existence of a national emergency and to specify
what statutory authority, activated by the declaration, would be used; and provided
Congress a means to countermand the President’s declaration and the activated
authority being sought. The development of this regulatory statute and subsequent
declarations of national emergency are reviewed in this study, which is updated and required proper understanding of the event that require such action.
- Badges
- Science topic
- Similar topics
- Methodology
- Research Methodology
- Research Papers