The National Emergencies Act was passed in 1976, in the aftermath of Watergate, to help Congress monitor and potentially constrain a president’s ability to declare emergencies. How has it worked in the 50 years since its passage? How have actions by the Supreme Court affected its ability to function? In the third episode of Executive Summary, Bill Antholis and Lydia Schumann interview UVA law professor and Miller Center Faculty Senior Fellow Saikrishna Prakash. They discuss the legislative veto, the balance of power between the branches, and how we might reform existing legislation to empower Congress.
“Executive Summary” is the Miller Center’s Presidency Project podcast. Our first season dives into the history and future of emergency powers, which is one of three focus areas for The Presidency Project.
Presidents of both parties have become more powerful, more partisan, and less popular. One sign of that: Presidents increasingly use emergency powers to go around Congress to spend money or use force. These emergency powers are also wielded in domestic politics, creating great concerns about our constitutional order.
The Miller Center is a nonpartisan institution at the University of Virginia that explores how the American presidency meets national priorities and engages scholars with leading citizens to help solve major problems.
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