{"id":13243,"date":"2017-12-10T08:30:26","date_gmt":"2017-12-10T14:30:26","guid":{"rendered":"http:\/\/huewhite.com\/umb\/?p=13243"},"modified":"2017-12-10T08:30:26","modified_gmt":"2017-12-10T14:30:26","slug":"wait-how-many-emergencies","status":"publish","type":"post","link":"https:\/\/huewhite.com\/umb\/2017\/12\/10\/wait-how-many-emergencies\/","title":{"rendered":"Wait, How Many Emergencies?"},"content":{"rendered":"

Catherine Padhi on Lawfare<\/strong><\/em> says<\/a> the United States is operating under a national state of emergency – in fact, 28<\/em>\u00a0of them currently. And we’ve been in a state of emergency for 38 years. Ever wonder about this?<\/p>\n

In 1976, Congress attempted to pull back the president\u2019s emergency powers by enacting the\u00a0National Emergencies Act<\/a>. First, the act\u00a0revoked<\/a>\u00a0(two years after its enactment) any powers granted to the president under the four states of emergency still active at the time. Next, it prescribed procedures for invoking these powers in the future. No longer can a president give force to the hundreds of emergency provisions by mere proclamation. Instead, he must\u00a0specifically declare<\/a>\u00a0a national emergency in accordance with the act and\u00a0identify<\/a>\u00a0the statutory basis for each emergency power he intends to use. Each state of emergency is to end\u00a0automatically<\/a>\u00a0one year after its declaration, unless the president publishes a notice of renewal in the Federal Register within 90 days of the termination date and notifies Congress of the renewal. Finally, the act\u00a0requires<\/a>\u00a0that each house of Congress meet every six months to consider a vote to end the state of emergency.<\/p>\n

Not<\/a>\u00a0once<\/a>\u00a0has Congress met to consider such a vote. It is not exactly clear why. But the provision would have lost much of its intended force even had Congress complied: It\u00a0originally allowed<\/a>\u00a0Congress to end an emergency by concurrent resolution (that is, if majorities in both houses voted to end it). But in 1983, the Supreme Court\u00a0declared\u00a0<\/a>this sort of legislative veto over presidential action unconstitutional. A 1985\u00a0amendment<\/a>\u00a0to the act now requires a joint resolution to end the emergency, meaning that any Congressional vote to end the emergency is subject to the president\u2019s veto, which may be overridden only by two-thirds majorities of both houses.<\/p><\/blockquote>\n

Sure slips my mind. What’s going on currently?<\/p>\n

As of today, 28 emergencies remain in effect. The list still includes the\u00a0first emergency<\/a> authorized under the act\u2014President Jimmy Carter\u2019s 1979 emergency, declared ten days after Iranian students\u00a0took<\/a>\u00a0American diplomats hostage in Tehran. Earlier this month, President Donald Trump\u00a0renewed<\/a>\u00a0the emergency for the 38th time.<\/p><\/blockquote>\n

Ah. So it’s Iran’s fault. Should have guessed.<\/p>\n","protected":false},"excerpt":{"rendered":"

Catherine Padhi on Lawfare says the United States is operating under a national state of emergency – in fact, 28\u00a0of them currently. And we’ve been in a state of emergency for 38 years. Ever wonder about this? In 1976, Congress attempted to pull back the president\u2019s emergency powers by enacting \u2026 Continue reading → <\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-13243","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts\/13243","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/comments?post=13243"}],"version-history":[{"count":1,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts\/13243\/revisions"}],"predecessor-version":[{"id":13244,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts\/13243\/revisions\/13244"}],"wp:attachment":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/media?parent=13243"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/categories?post=13243"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/tags?post=13243"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}