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Podcast: Cato Event Podcast
Episode: A Real Emergency: Executive Power under the National Emergencies Act
Description: In recent years, libertarians and progressives have found common cause in their concern that the growth of executive power is far in excess of constitutional limits. Our Constitution gives the president few explicit emergency powers, but presidents have invoked national emergencies as justification for a wide variety of actions. After Watergate, Congress created a framework for regulating this authority, in the 1976 National Emergencies Act. With President Trump’s decision to circumvent Congress and declare a national emergency so that he can construct a wall on the southern border, the propriety of the National Emergencies Act and broader separation of po...