April 19, 2022–Due Process Institute and a diverse group of organizations working to safeguard and strengthen our democratic urged Senators to support including National Emergencies Act (NEA) reform, specifically the inclusion of the ARTICLE ONE Act (S. 764), in this year’s National Defense Authorization Act (NDAA).
The ARTICLE ONE Act would establish a necessary, meaningful check on the president’s use of emergency powers, while maintaining flexibility for the president when needed most – in the immediate aftermath of a crisis. The bill would create a 30-day window for Congressional approval of any declared national emergency and significantly enhance reporting requirements in order to keep Congress better informed about how the president uses emergency powers.
These reforms are critical to preventing abuses of emergency powers that could be disastrous for our democracy, irrespective of who occupies the White House. In addition to being harmful to our constitutional order, such abuses of emergency power can undermine basic liberties, particularly those of minorities and other vulnerable communities. With the ARTICLE ONE Act, the Senate has the opportunity to advance the most significant recalibration of the balance of power between the president and Congress in four decades, and to do so in a bipartisan manner.