The 28 National Emergencies in effect as of December 2017

[jberryhill]

This is an interesting piece:

https://www.lawfareblog.com/emergencies-without-end-primer-federal-states-emergency

As of today, 28 emergencies remain in effect. The list still includes the first emergency authorized under the act—President Jimmy Carter’s 1979 emergency, declared ten days after Iranian students took American diplomats hostage in Tehran. Earlier this month, President Donald Trump renewed the emergency for the 38th time.

Why have seven presidents extended the 1979 emergency 38 times? It, along with a second emergency declared in 1995 to implement the oil embargo, forms the basis for many of the United States’ sanctions on Iran. The president’s (and thereby the the Treasury Department’s) power to impose sanctions for foreign policy purposes comes from the International Emergency Economic Powers Act (IEEPA). IEEPA was passed one year after the National Emergencies Act, and it grants the president sweeping economic power in response to “any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States.” But IEEPA doesn’t supplant the National Emergencies Act. Rather, the president may take advantage of IEEPA powers only if he declares a national emergency (with respect to that foreign threat) under the National Emergencies Act.

In fact, 26 of the 28 national emergencies currently active invoke IEEPA. The remaining two also exist to respond to foreign threats. The first is President Bill Clinton’s 1996 emergency, declared after the Cuban military shot down two civilian airplanes off of the Cuban coast. It allows for the regulation of vessels in U.S. waters that may enter Cuban territorial waters “and thereby threaten a disturbance of international relations.” The second is Bush’s Sept. 14, 2001 emergency. It gave the president broad powers to mobilize the military in the days (and now years) after the attacks. But nine days later, Bush issued a second emergency proclamation, this time invoking IEEPA explicitly for the purpose of restricting terrorist financing.

[uppityperson]

1. That is a interesting article. Thank you for allowing me to learn something on du

[mobeau69]

2. Interesting.

Dotard can find no solace in any of these cases.

[jberryhill]

4. well, yes and no

The relevant statutes provide the president with a lot of deference on these things.

However, with the wall thing, he's only able to move around military appropriations - he can't make new appropriations. So the money is going to come from somewhere.

Ultimately these endless emergencies, or a re-visit of the nuclear launch doctrine and war powers generally, is squarely the fault of Congress - successive Congresses over a long time - abandoning their responsibilities.

It's sort of like how the California legislature seems utterly incapable of legislating, and thus every issue must go to a ballot referendum.

[PJMcK]

3. Endless wars, endless emergencies (n/t)