Peter H> Schuck, HY Times - By failing to define crucial terms, legal standards and accountability rules, Congress has handed presidents an all-too-handy tool of tyranny commonly used by autocrats to amass more power, crush dissent and eviscerate democratic institutions. In Mr. Trump’s case, it has handed an unguided missile to an ignorant, impetuous man-child.
Congress should have known better. After all, it enacted the National Emergencies Act of 1976, which purported to regulate such declarations, only two years after President Richard Nixon’s abuses of power forced his resignation. The act actually made matters worse in a key respect: It defined a national emergency as “a general declaration of emergency made by the president.” This circular definition, of course, is no constraint at all. Or as Humpty Dumpty says to Alice, “it means just what I choose it to mean — neither more nor less.”
In the nature of national emergencies, some definitional leeways are unavoidable. But Congress could readily specify certain conditions that must exist before the president can make such a declaration and thus arrogate to himself extraordinary powers — curtailing liberties, seizing property, spending funds appropriated for other purposes and suspending protective laws — that Congress would not otherwise be likely to grant him in advance, or perhaps ever. (Indeed, Congress has the power to override Mr. Trump's declaration and it should in this case — though it probably won’t.)
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