The Lawfare Podcast
Lawfare Daily: Bob Bauer and Liza Goitein on Emergency Powers Reform
Sep 20, 2024
Bob Bauer, a distinguished legal scholar from NYU, and Liza Goitein, an expert in liberty and national security at the Brennan Center, dive into the complexities of emergency powers. They analyze the National Emergencies Act and its implications for presidential authority, especially amid recent bipartisan reform efforts. The discussion critiques the historical failures of checks on executive power, advocating for clearer rules to safeguard democracy. Their insights shed light on the pressing need for accountability and the evolving landscape of emergency declarations.
47:02
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Quick takeaways
- The podcast discusses how the National Emergencies Act has led to significant executive power assertions, often exploited for political rather than actual crises.
- Bipartisan reform efforts aim to enhance congressional oversight and require approval for emergency declarations to address the balance of power between branches.
Deep dives
The Expansion of Executive Power
The National Emergencies Act (NEA) has allowed U.S. presidents to assert significant executive power in times of declared national emergencies. However, the absence of a clear definition of what constitutes an emergency has led to the potential for abuse. Historically, many emergency declarations have been used not just for actual crises but for advancing political agendas, as seen with recent administrations using emergency powers to bypass congressional approval for policy initiatives. This has raised serious concerns about the balance of power between Congress and the presidency, as Congress has largely acquiesced to executive actions across administrations.
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