... Trump has declared eight national emergencies in his first 100 days, more than any other president. ...
Invoking an emergency has come to mean that the president can bypass Congress, intimidate courts, and run roughshod over normal procedures, even civil liberties. And while the current number is striking, it’s not a Trumpian innovation. Presidents have become addicted to emergency powers, unlike many other countries. The U.S. Constitution says nothing about how to declare or end an emergency. This has allowed presidents to organically assume a wide range of powers. This usually happened during wartime. ...
Today, Americans are living under dozens of ongoing national emergencies, mostly tied to foreign policy like sanctions. The oldest standing one, targeting Iran, dates back to the Carter administration. Others come from the post-9/11 era, when Congress granted the executive branch sweeping new powers, all in the name of national security. Both parties have used emergency powers to serve their broader agendas. In 2022, President Joe Biden attempted to forgive student loan debt by using an emergency authority related to the COVID-19 pandemic. ...
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Like failing to establish a formula for the continued growth of representation, thus unwittingly concentrating power in an oligarchic Congress by default, the constitution's silence about emergencies is yet one more example of the founders' inability to imagine every which way one branch might try to exploit it, which is an increasingly pressing problem in our increasingly illiberal society.
