Emergency Powers
49 Articles
The Right Way to Reform the U.S. President’s International Emergency Powers
Strong procedural checks and balances would improve oversight and limit the scope for abuse.
Use the Defense Production Act to Flatten the Curve
James Baker, former Chief Judge of the U.S. Court of Appeals for the Armed Forces and Legal Adviser to the National Security Council, urges the President to take more decisive…
The Coronavirus, Emergency Powers, and the Military: What You Need to Know
The global coronavirus crisis continues to unfold at lightning speed, disrupting travel, the economy, and everyday life. In response to the pandemic, President Donald Trump declared…
Explainer: National Emergency Declarations and COVID-19
A brief backgrounder on the Stafford Act and other emergency authorities President Trump has invoked to address coronavirus (COVID-19).
Blame Trump, Not the U.S. Code, for His Abuse of Emergency Authority
It began in earnest with President Donald Trump’s invocation of the National Emergencies Act in an effort to grab money to build a border wall. It reemerged with Trump’s reference…
An Emergency or Business as Usual? Huawei and Trump’s Emergency Powers
Should the emergency declaration be used purely as leverage in a trade war, it would clearly be an abuse of the intent of emergency powers.
What You Need to Know about the “National Emergency Declaration”
Editor’s Note: This article was updated after the President’s announcement to add a fifth analysis. President Donald Trump declared a national emergency on Friday,…
Int’l Human Rights Law and Trump’s Invocation of Emergency Powers
How human rights law regulates emergency powers, and how Trump may break it.
My Priorities As UN Special Rapporteur on Counter Terrorism: The Problem of Permanent Emergencies
French soldiers patrolling a street of Saint Denis, France, during an anti-terrorist raid on November 18, 2015. France has been under a government-declared state of emergency…
France: The Dangers of Permanent Emergency Legislation
On July 18, the French Senate adopted a new law “To Strengthen Internal Security and the Fight Against Terrorism” (Projet de loi renforçant la sécurité intérieure et la…
We Are Already in a State of Emergency
As Trump reissues his “lock her up” talk against Hillary Clinton and assaults the Justice Department, FBI, and media, the Brennan Center recently had a prescient meeting about…
Liberté, Égalité, Fraternité … Sécurité
Within a few hours of the terrorist attacks on Paris which left 130 dead and some 350 injured, President François Hollande declared a nationwide state of emergency in accordance…