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The 13th Bell
Politics, power, and the world
STATUTE

Emergency Powers Outlive Emergencies

National emergency declarations accumulate. Dozens remain active decades after the events that prompted them.

Declarations renew annually with little review, and the authorities they unlock remain available.
Declarations renew annually with little review, and the authorities they unlock remain available.

A national emergency declaration is a legal key. It unlocks statutory authorities that are otherwise unavailable, across sanctions, procurement, transportation, and communications.

Declarations are renewable, and renewal is close to automatic. A notice is published, the clock resets, and the authorities remain live. Many active declarations date to events that ended before a good share of the current electorate was born.

The point is not that any specific one is abused. It is that the inventory of available authority keeps growing while the review process consists of a routine filing nobody reads.

A statutory sunset with an affirmative renewal vote would fix most of this. It has been proposed repeatedly, by both parties, always while the other party held the office.

Ruth Okonkwo writes for The 13th Bell on law. This piece was edited and fact checked before publication.

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