Executive Power

Executive Power

Creating the Executive branch was a difficult task for the Founders. They knew they didn’t want a king but what powers did a President and his staff rightfully need to execute and uphold the law? Episodes in this unit cover topics related to specific Presidential responsibilities and powers, as well as questions about who qualifies as an “Officer of the United States,” and the balance of power between the Executive and Legislative branches.

Play the next video in the series?

Watch Now

15 of 16: Does the National Emergencies Act Increase Presidential Power? [No. 86]

Was President Trump granted more authority when he declared a state of emergency during the COVID-19 pandemic? How does the National Emergencies Act regulate presidential declarations? While there are numerous authorities granted to the president dur ... Was President Trump granted more authority when he declared a state of emergency during the COVID-19 pandemic? How does the National Emergencies Act regulate presidential declarations? While there are numerous authorities granted to the president during times of crisis, does that authority come directly from the NEA? Or was this 1976 law a Congressional attempt to reign in presidential power?

In this episode of No. 86, Professor Lisa Grow Sun explains the history, purpose, and controversy surrounding the National Emergencies Act.

* * * * *

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Find out more about Professor Lisa Grow Sun:
https://law.byu.edu/faculty/lisa-grow-sun/

Follow Lisa on twitter @LisaGrowSun1
https://law.byu.edu/faculty/lisa-grow-sun/

Differing Views

A Real Emergency: Executive Power under the National Emergencies Act [Cato]
https://law.byu.edu/faculty/lisa-grow-sun/

A Guide to Emergency Powers and Their Use [BrennanCenter.org]
https://law.byu.edu/faculty/lisa-grow-sun/

Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak [WhiteHouse.gov]
https://law.byu.edu/faculty/lisa-grow-sun/

The Alarming Scope of the President’s Emergency Powers [The Atlantic]
https://law.byu.edu/faculty/lisa-grow-sun/

Summary: H.R.3884 — 94th Congress (1975-1976) [Congress.gov]
https://law.byu.edu/faculty/lisa-grow-sun/