Wednesday, December 5, 2018

Check it Out: Goitein on the President's Statutory Emergency Powers

Check out Elizabeth Goitein's piece in The Atlantic on the president's statutory emergency powers, and their potential misuse. From the piece:

the president has access to emergency powers contained in 123 statutory provisions, as recently calculated by the Brennan Center for Justice at NYU School of Law, where I work. These laws address a broad range of matters, from military composition to agricultural exports to public contracts. For the most part, the president is free to use any of them; the National Emergencies Act doesn't require that the powers invoked relate to the nature of the emergency. Even if the crisis at hand is, say, a nationwide crop blight, the president may activate the law that allows the secretary of transportation to requisition any privately owned vessel at sea. Many other laws permit the executive branch to take extraordinary action under specified conditions, such as war and domestic upheaval, regardless of whether a national emergency has been declared.

https://lawprofessors.typepad.com/conlaw/2018/12/check-it-out-goitein-on-the-presidents-statutory-emergency-powers.html

Congressional Authority, Executive Authority, News, Separation of Powers | Permalink

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