Overuse of National Emergencies as a power grab for the President and Congress abdicating their co-equal power as a check and balance on the power of the President.
It can seem like a day on Capitol Hill never ends. Last week the House Rules Committee made that feeling a reality.
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The 1976 law establishing the ability of presidents to declare a national emergency, conferring on them unusually flexible authorities, provides a fail-safe mechanism for Congress to ensure the president doesn’t, in lawmakers’ eyes, go too far.
The National Emergencies Act requires committees to report a bill to terminate a national emergency within 15 calendar days after its introduction and referral, and a floor vote on passage must occur three days later.
“It’s a way for minority members to force a vote in the House, for example, if they don’t like tariffs, they could put everybody, every Republican, on the record about Trump’s tariffs,” said Josh Huder, senior fellow at Georgetown University’s Government Affairs Institute.
“Now, if you’re in the majority and you don’t want to vote against Trump tariffs because you think it’s politically unpalatable to do so, to look like you’re on the opposite side of the president, then you put this sort of thing in which basically negates the privilege purposes of the National Emergencies Act,” he said.
“House Republicans are declaring that the days are no longer days and that time has literally stopped,” Meeks, D-N.Y., said during floor debate on the CR rule. “The speaker is petrified that members of this House will actually have to take a vote on lowering costs for the American people.”
Time-tested tactic
While McGovern denounced the Republican move to block votes on the national emergency, he made use of a similar strategy when he chaired the Rules Committee.
In 2021, House Democrats twice waived the expedited procedures under the National Emergencies Act to block an effort led by Rep. Paul Gosar, R-Ariz., to terminate the COVID-19 national emergency. Those maneuvers also prevented the House from being forced to take up two Senate-passed joint resolutions to terminate the COVID-19 emergency, both sponsored by Sen. Roger Marshall, R-Kan.