![]() ![]() Link to page 4 link to page 6 link to page 7 link to page 10 link to page 11 link to page 14 link to page 20 link to page 21 link to page 23 link to page 24 link to page 24 link to page 24 link to page 15 link to page 15 link to page 15 link to page 17 link to page 17 link to page 25 National Emergency Powers Contents Background and History. Congressional efforts to terminate the emergency were unsuccessful. Trump invoked Section 2808 upon declaring an emergency involving the southern border of the United States. Upon being activated, Section 2808 is notable for permitting, under certain conditions, the use of military construction (MILCON) funds for a declared national emergency. §2808)-one of the standby authorities available to a President when he declares a national emergency or subsequently issues a related executive order or proclamation. On three occasions, Presidents have activated Title 10, Section 2808, of the United States Code (10 U.S.C. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report. §§1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to formally declare 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. ![]() Since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. Both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. ![]() 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. There are, however, limits and restraints upon the President in his exercise of emergency powers. Through legislation, Congress has made a great many delegations of authority in this regard over the past 230 years. 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. Updated NovemCongressional Research Serviceĩ8-505 National Emergency Powers Summary 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). ![]()
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