H.R.125 - Limiting Emergency Powers Act of 2025 (119th Congress)
Summary
H.R.125, the Limiting Emergency Powers Act of 2025, aims to amend the National Emergencies Act. The bill seeks to limit the duration of a national emergency declared by the President to 30 days unless Congress affirms the declaration through a joint resolution. It also sets a two-year limit on national emergencies, requiring renewal by both the President and Congress.
Expected Effects
The bill would change the process by which national emergencies are declared and maintained. It would shift power from the executive to the legislative branch regarding emergency declarations. This could lead to fewer long-lasting national emergencies.
Potential Benefits
- Increased Congressional Oversight: Requires congressional approval for national emergencies to extend beyond 30 days.
- Reduced Executive Power: Limits the President's ability to act unilaterally during emergencies.
- Regular Review of Emergencies: Mandates renewal every two years, ensuring continued relevance.
- Accountability for Funds: Requires unobligated funds to be returned after emergency termination.
- Checks and Balances: Reinforces the separation of powers between the executive and legislative branches.
Potential Disadvantages
- Delayed Response to Crises: The 30-day limit could hinder swift action in genuine emergencies.
- Political Gridlock: Congressional approval may be difficult to obtain, especially in times of political division.
- Increased Bureaucracy: The renewal process could add administrative burdens.
- Potential for Abuse: Congress could use its power to block legitimate emergency declarations for political reasons.
- Unintended Consequences: Termination of contracts could disrupt ongoing projects.
Constitutional Alignment
The bill aligns with the principle of separation of powers outlined in Article I, Section 1 of the Constitution, which vests legislative powers in Congress. By requiring congressional approval for national emergencies, the bill reinforces Congress's role in checking the executive branch's power. The bill also indirectly relates to the Tenth Amendment, reserving powers not delegated to the federal government to the states or the people, as limiting emergency powers can prevent federal overreach.
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).