Emergency Powers

The legislative branch of the United States government (embodied in Congress, which consists of the House of Representatives and the Senate) is the cornerstone of the federal lawmaking process and a central pillar of the constitutional system of checks and balances. Through its exclusive powers to enact laws, oversee the executive branch, and shape national policy, Congress functions within a broader framework of shared authority known as the separation of powers.

In this posting, we explore key questions surrounding the legislative process, followed by overviews of congressional powers beyond lawmaking, the practical operation of separation of powers, and the exercise of war powers in a divided government. Our goal is to provide material that will be useful to law and legislative librarians, the legal profession at large, and anyone whose work or civic responsibilities require engagement with these fundamental issues.

I. Lawmaking Authority

From VERDICT, Legal Analysis and Commentary from Justia, 27 March 2025.

SUMMARY:

NYU Law Professor Samuel Estreicher and JD candidate Andrew Babbitt analyze President Trump’s use of the International Emergency Economic Powers Act (IEEPA) during his second administration to impose and threaten tariffs on several countries. They highlight how this approach bypasses the usual legislative and procedural processes required for implementing tariffs. According to Estreicher and Babbitt, this tactic marks an unprecedented and legally questionable expansion of executive authority—one that sidesteps congressional intent and oversight and raises significant constitutional concerns about the broad, unchecked use of the IEEPA.

Articles Tagged with Emergency Powers

Congress, the Constitution, and Command: Lawmaking and War Powers in a Divided Government

I. Lawmaking Authority

Tariffs as an Emergency Power?