The 911 presidency: Trump flexes emergency powers in his second term
Congress has ceded its power to the presidency
Congress has granted emergency powers to the presidency over the years, acknowledging that the executive branch can act more swiftly than lawmakers if there is a crisis. There are 150 legal powers — including waiving a wide variety of actions that Congress has broadly prohibited — that can only be accessed after declaring an emergency.
In an emergency, for example, an administration can suspend environmental regulations, approve new drugs or therapeutics, take over the transportation system, or even override bans on testing biological or chemical weapons on human subjects, according to a list compiled by the Brennan Center for Justice.
Democrats and Republicans have pushed the boundaries over the years. For example, in an attempt to cancel federal student loan debt, Joe Biden used a post-Sept. 11 law that empowered education secretaries to reduce or eliminate such obligations during a national emergency. The U.S. Supreme Court eventually rejected his effort, forcing Biden to find different avenues to chip away at his goals.
Before that, Bush pursued warrantless domestic wiretapping and Franklin D. Roosevelt ordered the detention of Japanese-Americans on the West Coast in camps for the duration of World War II.
Trump, in his first term, sparked a major fight with Capitol Hill when he issued a national emergency to compel construction of a border wall. Though Congress voted to nullify his emergency declaration, lawmakers could not muster up enough Republican support to overcome Trump's eventual veto.
"Presidents are using these emergency powers not to respond quickly to unanticipated challenges," said John Yoo, who as a Justice Department official under George W Bush helped expand the use of presidential authorities. "Presidents are using it to step into a political gap because Congress chooses not to act."
Trump, Yoo said, "has just elevated it to another level."
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