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.
Cardozo Law Review de·novo
Pastrick, Michael J., "Reality Check: The Need to Repair the Broken System of Delegating Legislative Power Under the National Emergencies Act" (2019). Cardozo Law Review de•novo. 65.