EXCLUSIVE: Republicans Introduce Legislation To Rein In Biden’s Emergency Declaration Powers

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Henry Rodgers Chief National Correspondent
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Republican Texas Rep. Chip Roy and Republican Wisconsin Rep. Mike Gallagher introduced legislation Tuesday which would amend the National Emergencies Act (NEA) and reassert congressional authority over President Joe Biden’s power to declare a national emergency.

The bill, first obtained by the Daily Caller, is titled “The Assuring that Robust, Thorough, and Informed Congressional Leadership is Exercised Over National Emergencies (ARTICLE ONE) Act” and amends the NEA to rein in Biden’s control over emergency declarations. The legislation would end all future emergency declarations made under the NEA after 30 days unless Congress decides to vote and extend the emergency.

The two lawmakers mentioned that Congress should have the power to vote on an emergency declaration if it is no longer needed.

“The framers of our Constitution intended for Congress to be the strongest branch of the federal government because it is the most responsive and accountable to the American people; but we’ve been giving away more and more of our power for decades,” Roy told the Daily Caller. “In 1976, Congress gave the executive branch broad and virtually unchecked emergency powers by passing the NEA; now we have several still-declared ’emergencies’ going back as far as the Carter administration. Today, I introduced legislation that would help restore Congress to its rightful place as first among our three federal branches of government.”


(Daily Caller Obtained) Nat… by Henry Rodgers

The NEA was passed in 1976 and gives the president authority to respond to emergencies with very little input from members of Congress. (RELATED: Rep. Mike Gallagher Explains The Massive Spying Threat Posed By This Chinese Company)

“The National Emergencies Act gives the president broad powers, removes Congress from the governing process, and undermines our constitutional system. If Congress wants to get serious about reclaiming its Article One authorities, reigning in the executive’s emergency authorities is the place to start,” Gallagher told the Daily Caller.

“This bill puts checks and balances on the Executive Branch and ensures Congress has a voice in determining what an emergency is and how long it lasts. If everything is infrastructure, it’s only a matter of time before everything becomes an emergency. It’s important Congress acts before we reach that point,” he added. (RELATED: EXCLUSIVE: Rep. Chip Roy To Introduce Legislation Making Cartels Terrorist Organizations)

Republican Utah Sen. Mike Lee introduced a companion bill in the Senate on Feb. 4. The bill’s co-sponsors include Sens. Rob Portman, Pat Toomey, Ron Johnson, Ben Sasse, Ted Cruz, Thom Tillis and Roger Wicker.