The 2024 Executive Power Survey – Emergency Powers Reform

September 15, 2023

2024 Executive Power Survey

Where the Presidential Candidates Stand on Emergency Powers Reform

President Donald J. Trump invoked emergency power to direct the government to spend more taxpayer funds on an effort to expand a border wall with Mexico than Congress had been willing to appropriate. President Biden invoked emergency power to direct the government to cancel billions of dollars of student debt. There have been bipartisan proposals in Congress to reform emergency power law by providing that a national emergency declared by a president terminates after 30 days unless Congress affirms such a declaration.

If Congress passed such a bill curtailing presidential emergency powers, would you sign it into law?

I always look forward to working with Congress on devising sensible solutions to the challenges we face as a nation. And when facing any emergency, I will always respond with the full capacity and capability of the federal government under the Constitution and laws of the United States to protect and support the safety and security of the American people, using every tool at my disposal.

Yes, I would not only sign such legislation, I would encourage Congress to pass it. Ever since 9/11, emergency powers have been used to override the Constitution, giving the executive branch unchecked power.

No, I would not.

The details of any bill that curtails presidential emergency powers matter. If the bill aligns with the Constitution and ensures proper checks and balances, I would be open to supporting it. However, I would not permit Congress to undermine the constitutional authority of the executive branch or compromise our nation’s security in the process.

The Constitution makes it clear that the United States government has a duty to protect the states from invasion, such as the one taking place at our southern border at this very moment. By contrast, it was a gross offense to our laws and the Constitution for President Biden to attempt to unilaterally cancel contractual obligations owed to the taxpayers, which would have cost half a trillion dollars had it not been struck down.

President Biden blatantly exceeded the limited emergency powers Congress provided, as the Supreme Court ruled and as he himself acknowledged beforehand. I support a comprehensive reform to our overly expansive emergency powers statutes to ensure they are never again abused for such frivolous purposes.

No. First and foremost, a true national emergency may prevent a president from obtaining congressional authorization within 30 days. Certain exercises of emergency powers are inherent in the president’s constitutional duties and powers, but I also believe the time has come to clarify the proper scope of the emergency powers under relevant federal statutes.