Last week, Americans for Prosperity (AFP) sent letters to committees in both congressional chambers supporting bills aimed at curbing the abuse of emergency powers. The proposed legislation seeks to amend the National Emergencies Act of 1976 (NEA) to enhance congressional oversight of presidential emergency powers.
AFP addressed one letter to the Senate Homeland Security and Governmental Affairs Committee, which was reviewing the REPUBLIC Act. Another letter was sent to the House Committee on Transportation and Infrastructure regarding the ARTICLE ONE Act.
The letters highlight that under the NEA, the president has access to an estimated 148 additional statutory authorities upon declaring a national emergency. This grants presidents significant power to maintain a state of emergency with little oversight.
While Congress originally intended these delegations of power to be temporary measures for emergent crises requiring swift action, there is concern that presidents are increasingly using emergency powers for long-standing policy issues, imposing policy preferences, and bypassing checks and balances.
AFP Analyst Thomas Kimbrell stated: "As the first branch of government, Congress should establish oversight of emergency powers to ensure we can respond to emergencies quickly and effectively while also preventing their misuse. We thank Chairman Gary Peters, Ranking Member Rand Paul, Chairman Sam Graves, and Ranking Member Rick Larsen for their leadership on this issue."
The Senate bill passed committee by a 13-1 vote, while the House bill passed with unanimous consent. These measures are seen as crucial steps toward limiting executive overreach and restoring constitutional checks and balances.
Americans for Prosperity Foundation has launched the Emergency Powers Reform Project to educate the public about abuses of emergency powers, including misuse of the NEA, Defense Production Act, and Strategic Petroleum Reserve. More information is available at emergencypowersreform.com.
