H.J.Res.91 - Relating to a national emergency by the President on April 2, 2025. (119th Congress)
Summary
H.J. Res. 91 is a joint resolution passed by the House of Representatives aiming to terminate a national emergency declared by the President on April 2, 2025, via Executive Order 14257. The resolution cites Section 202 of the National Emergencies Act (50 U.S.C. 1622) as the legal basis for its action. The bill was introduced in the House and referred to the Committee on Foreign Affairs.
The resolution represents a check on executive power by the legislative branch, as outlined in the National Emergencies Act. It reflects a disagreement or concern regarding the necessity or scope of the declared national emergency.
Passage of this resolution would effectively end the powers and actions authorized under the original emergency declaration.
Expected Effects
If enacted, H.J. Res. 91 would terminate the national emergency declared by the President. This would revoke any special powers or authorities granted to the executive branch under that declaration.
The immediate effect would be the cessation of any programs, policies, or actions initiated specifically because of the declared emergency. The longer-term effect would depend on the nature of the emergency and the government's subsequent response to the underlying issue.
Potential Benefits
- Restoration of Normal Governance: Ends the period of emergency powers, returning decision-making to regular legislative and administrative processes.
- Checks and Balances: Reinforces the constitutional principle of checks and balances by limiting executive power.
- Potential Cost Savings: Terminates any emergency spending or programs, potentially freeing up resources for other priorities.
- Reduced Executive Authority: Prevents the expansion of presidential power beyond what is normally authorized.
- Increased Transparency: Normal governance is typically more transparent and accountable than emergency actions.
Potential Disadvantages
- Potential Disruption: Abruptly ending the emergency could disrupt ongoing efforts to address the underlying issue.
- Uncertainty: If the emergency was addressing a real threat, termination could leave the nation vulnerable.
- Political Conflict: The resolution itself indicates a division between the legislative and executive branches, which could lead to further political conflict.
- Undermining Presidential Authority: Could weaken the President's ability to respond quickly to future crises.
- Possible Negative Impact on Specific Sectors: If the emergency declaration provided specific support to certain sectors (e.g., healthcare, economy), its termination could negatively impact those sectors.
Constitutional Alignment
The resolution aligns with the constitutional principle of checks and balances, as it represents Congress's power to oversee and limit the executive branch's actions. Article I, Section 1 vests all legislative powers in Congress, giving it the authority to enact laws, including those that terminate a national emergency.
The National Emergencies Act itself is a creation of Congress, designed to provide a framework for presidential declarations of emergency while also ensuring congressional oversight. The resolution's reliance on Section 202 of that act demonstrates adherence to established legal procedures.
However, the constitutionality of the original emergency declaration (Executive Order 14257) is not addressed in this resolution. The resolution only addresses the termination of the emergency, not the validity of its initial declaration.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).