It turns out, a very large number of bills apply to the concept.
- Here's a comprehensive explainer.
Unknown to most Americans, a vast set of laws gives the president greatly enhanced powers during emergencies. President Donald Trump’s threats to get funding for a wall along the border with Mexico by declaring a national emergency are not just posturing. The Brennan Center, building on previous research, has identified 136 statutory powers that may become available to the president upon declaration of a national emergency, including two that might offer some legal cover for his wall-building ambitions (10 U.S.C. 2808 (a) and 33 U.S.C. 2293 on our list below). The table below displays these powers by subject matter, specifies the conditions triggering their use, and lists the occasions on which they have been invoked. Our top-line observations from this research may be found here, while our methodology for compiling the database is available here. Separately, we have developed a running list of national emergencies declared since the National Emergencies Act went into effect. And we did a deeper dive into some of these powers in the January/February 2019 issue of The Atlantic.
