Reality Check: The Need to Repair the Broken System of Delegating Legislative Power Under the National Emergencies Act

Authors

Michael J. Pastrick, University at Buffalo School of Law

Volume

2019

First Page

20

Last Page

42

Publication Date

2019

Document Type

Article

Abstract

When the National Emergencies Act was enacted in 1976, Congress could revoke a national emergency declaration by the President by a simple majority vote. Following a major Supreme Court decision in 1983, Congress, to simply retain its own legislative authority, suddenly was required to muster the support of two-thirds of the members of each chamber to override such a declaration. This Article proposes a practical, simple, and sturdy repair to the National Emergencies Act that will limit the potential for executive abuses by requiring Congress to extend, rather than to revoke, a national emergency declaration.

Keywords

Presidency, Executive Branch, Congress, Legislative Branch, Administrative Law, Legal History

Recommended Citation

Michael J. Pastrick, Reality Check: The Need to Repair the Broken System of Delegating Legislative Power Under the National Emergencies Act, 2019 Cardozo L. Rev. De-Novo 20 (2019).
Available at: https://larc.cardozo.yu.edu/de-novo/65