U.S. Rep. Tom Reed (R-NY) on Feb. 27 sponsored bipartisan legislation that would prohibit the United States president from declaring a national emergency unless such a declaration also received approval from Congress.
“We must take this power back. Otherwise over time, Congress will be seen as an advisory body instead of the co-equal branch of government the country needs,” Rep. Reed said on Wednesday.
H.R. 1410 would amend the National Emergencies Act of 1976, a federal law that authorizes the president to declare a national emergency that then triggers emergency authorities contained in other federal statutes. U.S. President Donald Trump on Feb. 15 declared a national emergency over proposed U.S.-Mexico border wall funding. There are currently 31 national emergencies in effect as a result of presidential declarations.
“This resolution is not a rebuke of President Trump’s national emergency declaration – the drugs, violence and human trafficking speak for themselves in regards to the true crisis we are facing,” at the border, said Rep. Reed. “This resolution speaks to the politicization of Congress and its failure to lead. Instead of proactively solving problems Congress has delegated our precious power away.”
Nineteen original cosponsors joined Rep. Reed in introducing H.R. 1410 this week, including U.S. Reps. Brian Fitzpatrick (R-PA), Will Hurd (R-TX), Cathy McMorris Rodgers (R-WA) and Fred Upton (R-MI). The lead original Democratic cosponsor is U.S. Rep. Josh Gottheimer of New Jersey.
If enacted, H.R. 1410 would require Congress to approve any new national emergency declaration within 60 days, according to Rep. Reed’s office, unless Congress has affirmatively authorized the action or has extended the time period by law. The measure seeks to end the practice of governing by national emergency.
Such practices, according to Rep. Gottheimer, aren’t acceptable ways to govern and shouldn’t be supported by Republicans or Democrats. “The Constitution is clear about our authority and responsibilities,” he said. “By amending the National Emergencies Act, this bipartisan legislation will help Congress wrest back control and prevent further abuse of executive authority.”
Rep. Upton agreed and said H.R. 1410 “would begin to bring more responsibility back to the Congress, as the Constitution intended.”
“Under this resolution, presidents would not be able to simply declare national emergencies without the concurrence of the Congress — no matter their political party and no matter the issue,” Rep. Upton said.
Presidents shouldn’t be permitted “to use a national emergency declaration as a justification to push through priorities that Congress has not funded,” added Rep. Fitzpatrick on Wednesday, saying H.R. 1410 would “reclaim Congress’s constitutional authority.”
“For too long, Congress has ceded its constitutional duties to the executive branch,” Rep. McMorris Rodgers said. “In order for us to protect the voice of ‘We, the People,’ we must restore that authority to the branch that is closest and most accountable to the people — the legislative branch.”
H.R. 1410 has been referred for consideration to the U.S. House Judiciary Committee; the U.S. House Transportation and Infrastructure Committee; and the U.S. House Foreign Affairs Committee.