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National Emergency Powers

CRS Reports via FAS: “There were no less than 30 “national emergencies” in effect as of February 1, according to a tabulation prepared by the Congressional Research Service. An additional 21 national emergencies that are no longer in effect were also identified by CRS. Under the National Emergencies Act, a declaration of national emergency can be used to activate presidential powers that would otherwise be unavailable. President Trump has suggested that he could declare a national emergency in order to begin construction of a “wall” along the U.S. border with Mexico without congressional authorization. See Declarations under the National Emergencies Act, Part 1: Declarations Currently in EffectCRS Legal Sidebar, February 1, 2019; and Declarations under the National Emergencies Act, Part 2: Declarations No Longer in EffectCRS Legal Sidebar, February 1, 2019. Together, the two reports replicate (with some variations) a table prepared lately by the Brennan Center for Justice, which has researched national emergency powers.”

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