Episode Transcript
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Donald Trump 's Record - Breaking National Emergencies : The Unprecedented Use of Emergency Powers to Shape Policy and Law
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The Habit of National Emergencies : A Pattern of Power
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Since taking office for his second term , President Donald Trump has made a habit of declaring national emergencies .
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This pattern of behavior raises questions about the limits of executive power and the role of Congress in emergency situations .
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In the US , declaring a national emergency is an extraordinary measure that unlocks enhanced powers contained in 150 different provisions of law .
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These laws give the president authority to take actions beyond what Congress has authorized in nonemergency situations .
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This can be a tempting tool for presidents who want to implement policy without sufficient support from Congress or when Congress has prohibited certain actions .
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The concept of national emergencies dates back to World War I , and it evolved organically over time .
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However , this organic nature turned out to be a problem because there was no overarching law that governed the process .
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It was n't until the 1970s , when Congress enacted the National Emergencies Act , that a time limit was placed on emergency declarations without renewal by the president .
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The NEA also gave Congress the power to terminate an emergency declaration using a legislative veto .
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However , in 1983 , the Supreme Court held that legislative vetoes are unconstitutional .
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Today , if Congress wants to terminate an emergency declaration , it must pass a law with a veto - proof supermajority , which is almost impossible .
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So , how far can the president go with emergency powers ?
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Some laws seem reasonable on their face , but others seem alarming , such as taking over or shutting down communications facilities or freezing assets of individuals deemed a threat .
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The International Emergency Economic Powers
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Act allows the president to make it illegal for anyone to engage in financial transactions with that person .
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President Trump 's use of emergency powers has raised concerns about the potential for abuse .
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Some argue that Congress made a mistake by leaving these laws in place without safeguards .
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They believe it is time for a reckoning , and for Congress to reform the process of national emergency declarations and terminate them when necessary .
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The current situation with President Trump 's emergencies is making its way through the courts , and the question remains whether his actions meet the legal standard for an ' emergency . '
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The US trade deficit with China , for instance , has been a status quo for decades .
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However , by declaring it an emergency , Trump unlocks special authorities that would n't otherwise be available to him .
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While some might see this as a necessary measure to address pressing issues , others believe that Congress should put limits and safeguards on these powers to prevent abuse of authority .
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The case against Trump 's use of national emergencies serves as a reminder that the balance of power between the executive and legislative branches is crucial in times of crisis .
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The US has a long history of declaring emergencies to address various crises , from wars to economic downturns .
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However , the current situation highlights the need for greater scrutiny and accountability when it comes to these powers .
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As the country navigates this complex issue , it is essential to consider the potential implications for future emergency declarations and the role of Congress in preventing abuse of authority .