Opinion: In voting against Trump’s emergency declaration, Congress can regain its power
By Danielle Allen Danielle Allen Contributing columnist Bio Follow March 7 at 5:27 PM Danielle Allen is a political theorist at Harvard University and a contributing columnist for The Post.
Rep. Joaquin Castro , the principal sponsor of the resolution, is relying on this provision in the 1976 law: Sec. 202 : “Any national emergency declared by the President in accordance with this title shall terminate if — Congress terminates the emergency by concurrent resolution.” In other words, Congress of the 1970s did not intend to give the president a blank check. Even as it delegated power, it sought to retain some for itself.
Fortunately, for all of its tepid defense of its own powers over the past few decades, This is a very good thing. The great discovery of the 18th-century Age of Revolution is that separating legislative power from executive power, and putting legislative power in the hands of the people’s representatives, open up space for freedom by substantially reducing the likelihood that any citizen will suffer under arbitrary and unconstrained exercises of power.
The 1996 Contract with America Advancement Act included a subtitle known as the Congressional Review Act, which gave Congress the authority to nullify, via a “resolution of disapproval,” any regulation passed by a federal agency. In other words, Congress gave itself the power of “after-the-fact” legislation.
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