US emergency powers debate will grow

Significance

This raises the question of US presidents’ emergency powers to manage national crises, which Trump declared on March 13. The 1976 National Emergencies Act gives him substantial scope for action, though legal disputes persist over how far presidential authority should extend in an emergency.

Impacts

• In a second term, Trump would use emergency powers to advance US-Mexico border wall construction.
• Congress may legislate to define presidential emergency powers’ use better, but the president could veto changes.
• The Supreme Court would probably side with the president in emergency powers cases.
• A second Trump term could see more ‘government by emergency power’, especially with a Democratic-controlled Congress.