WASHINGTON (AP) – Dubbed the 911 President.
President Donald Trump continues to claim that the US is recovering from disaster during his tenure. Unlike his predecessor, he actively employs his powers in emergency situations.
Is it equitable? From military deployment to the border to enforcing customs penalties, Trump utilizes regulations intended for use in exceptional circumstances like war or invasion.
An analysis by the Associated Press reveals that 30 of Trump’s 150 executive orders reference some type of emergency authority.
This approach redefines presidential power. Rather than merely responding to unforeseen crises, Trump is using emergency powers to supplant Congressional authority, advancing his agenda.
“What’s noteworthy about Trump is the extensive scope and scale of his actions, which surpasses that of modern presidents,” remarked Ilya Somin, representing five US companies that sued the administration, asserting it was damaging Trump’s so-called “Liberation Day” tariffs.
Since Congress holds the constitutional power to determine trade policies, businesses have convinced the Federal Trade Court to curb his authority by asserting an economic emergency to impose tariffs. The Court of Appeal has suspended its ruling while the judge deliberates.
Growing Concerns About Conduct
The legal disputes highlight potential risks inherent in Trump’s strategy. Traditionally, judges have afforded the president significant leeway to exercise the emergency powers granted by Congress. However, there are increasing worries that Trump is testing the limits in times when the US faces no active threats warranting such measures.
“The allure is evident,” said Elizabeth Goitein, a senior director at the Brennan Center’s Freedom and National Security Program and an expert on emergencies. “Historically, there hasn’t been much past abuse, but we are currently in a different era.”
Rep. Don Bacon, who helped draft the law enabling Congress to reassert its customs authority, expressed confidence that the court would ultimately rein in Trump’s attempts to control trade policy independently.
“It’s in the Constitution. James Madison designed it that way, and it was quite clear,” Bacon remarked regarding Congress’ trade powers. “While the president has emergency powers, I believe they are being misused. Attempting to enforce tariff policies affecting 80 countries is a policy issue, not a matter for emergency litigation.”
The White House has countered these concerns, asserting that Trump is justified in actively utilizing his authority.
“President Trump is rightly invoking emergency powers to swiftly address the failures of the past four years and rectify numerous crises he has inherited, including problems caused by Joe Biden,” claimed White House press chief Karolyn Leavitt, citing economic and national security threats arising from border issues, wars in Ukraine and Gaza, stringent climate regulations, historic inflation, and trade deficits.
Trump Often Cites the 1977 Law
Among various emergencies, Trump frequently references the International Emergency Economic Powers Act, or IEEPA, to impose tariffs on imports.
This 1977 legislation aimed to curtail many of the sweeping powers previously granted to the president, requiring use only in scenarios presenting “an extraordinary and unusual threat” to national security, foreign policy, or economy.
According to an AP analysis of executive orders since 2001, Trump invoked the law 21 times through executive orders and memorandums. In contrast, President George W. Bush invoked it 14 times in his first term while responding to the aftermath of the deadliest terrorist attacks on US soil. Similarly, Barack Obama referenced the act 21 times during his first term amid the most severe economic downturn since the Great Depression.
The Trump administration also employs 18th century statutes. The Alien Enemies Act supports the deportation of Venezuelan immigrants to other nations, including El Salvador. Trump’s reliance on this law stems from allegations that the Venezuelan government collaborates with the Tren de Aragua gang, although officials caution the evidence does not support that conclusion.
Congress Delegated Power to the Presidency
Congress has granted emergency powers to the presidency for many years, acknowledging that in crises they can act more swiftly than lawmakers. These powers encompass a broad array of actions that Congress has largely restricted, accessible only post-declaration of a state of emergency. For instance, during emergencies, the administration could suspend environmental regulations, approve new medications, commandeer transport systems, or even prohibit biological or chemical weapon testing on human subjects. The Brennan Center for Justice provides a curated list.
Both parties have traditionally pushed boundaries on these powers. For instance, Joe Biden utilized an emergency declaration in September to cancel federal student loan obligations, relying on laws that empower education secretaries to mitigate or eliminate such burdens during a national crisis. The U.S. Supreme Court ultimately rejected these efforts, compelling Biden to pursue alternative routes and truncate his objectives.
Prior to that, Bush authorized warrantless surveillance domestically, while Franklin D. Roosevelt mandated the internment of Japanese-Americans on the West Coast during World War II.
In his first term, Trump ignited considerable conflict with Congress when he declared a national emergency to enforce border wall construction. Congress attempted to override his emergency decree, but lawmakers could not garner sufficient Republican support to surpass Trump’s veto.
“The President leverages these emergency powers to sidestep rapid responses to unanticipated challenges,” stated John Yu. “He is utilizing them to fill the political void left by Congress’s inaction.”
Trump “merely escalated the situation to another level,” added Yu.
Trump’s Supporters Back His Actions
The president’s conservative legal allies also contend that Trump’s moves are warranted, with Vice President JD Vance predicting a court victory for the administration regarding tariff policy.
“We believe we are in an emergency—and we believe we are correct,” Vance stated in a Newsmax interview last week.
“Foreign governments, sometimes our adversaries, can jeopardize Americans by disrupting critical supplies,” Vance emphasized. “I’m not referring to plastic toys; I’m talking about pharmaceutical components. I’m discussing crucial elements in the manufacturing supply chain.”
Vance reiterated, “These governments pose a threat to cut us off from such essentials. By definition, it constitutes an emergency.”
Bipartisan efforts have been made to limit presidential emergency powers. Two years ago, a coalition of House and Senate lawmakers proposed legislation to terminate any presidential emergency after 30 days unless Congress voted to uphold it, but the bill did not advance.
No similar measures have been proposed since Trump assumed office, effectively enabling Congress to vote to nullify an emergency.
“He has displayed a reckless disregard for the law in many respects. Congress must ensure that there are checks and safeguards,” stated Sen. Richard Blumenthal, who co-sponsored the Emergency Reform Bill in the last Congressional session. Historically, he warned, leaders relying on emergency declarations have often veered towards “tyranny and oppression.”
– –
Contact the AP’s Global Research Team [email protected] or https://www.ap.org/tips/
Source: apnews.com