"Donald Trump has figured out the cheat code for authoritarianism: Fake emergencies bring real power. The president has invoked emergency authority in three distinct contexts-declaring a public-safety emergency to defend his takeover of the District of Columbia; claiming an "invasion" to justify an immigration crackdown, including sending the National Guard to Los Angeles; and invoking "extraordinary" factors to support his tariff war."
"Recognizing this systematic inadequacy, Congress has, at least since the Cold War, developed something of a solution. It declares general restrictions, such as requiring FDA approval for public use of a drug, but couples those provisions with language authorizing the executive to act in violation of those limitations in times of national crisis-by, for example, allowing the use of an unapproved drug to address a pandemic crisis. A study by the Brennan Center identified 137 statutory provisions in which these sorts of emergency authorities"
Donald Trump has invoked emergency authority in three contexts: declaring a public-safety emergency to defend a takeover of the District of Columbia; claiming an "invasion" to justify an immigration crackdown, including deploying the National Guard to Los Angeles; and invoking "extraordinary" factors to justify a tariff war. Emergency powers can expand executive reach with little pushback from Congress or courts, enabling further consolidation. Emergency authority exists because legislatures are slow to act. Congress has paired statutory restrictions with emergency waivers, such as permitting unapproved drugs during pandemics, and the Brennan Center identified 137 statutory provisions granting such powers.
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