The Lawfare Podcast Lawfare Archive: Bob Bauer and Liza Goitein on Emergency Powers Reform
Oct 4, 2025
Bob Bauer is a distinguished law professor and expert on emergency powers, while Liza Goitein serves as Senior Director at the Brennan Center, focusing on national security. They delve into the complexities of the National Emergency Act, revealing that 43 active emergencies exist. The conversation covers how insufficient definitions and checks have allowed presidents to wield extensive powers, citing examples from Trump and Biden. They also discuss bipartisan reform efforts, including the Article I Act and the necessity of updating the Insurrection Act to enhance congressional oversight.
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Forty-Three Active Emergencies
- The U.S. currently maintains 43 presidential national emergencies, most tied to sanctions under IEPA.
- Outside IEPA, true emergency declarations have been rare but many remain indefinitely in force.
NEA Leaves 'Emergency' Undefined
- The NEA contains no definition of “emergency,” leaving the threshold to near-total presidential discretion.
- Congress intended specific statutes to limit uses, but most such statutes lack real constraints in practice.
Intended NEA Safeguards Failed
- Key NEA safeguards have collapsed: one-year renewals became routine and the legislative veto was struck down by the Supreme Court.
- Congress now effectively needs a veto-proof supermajority to terminate an emergency declaration.
