Defining emergency powers and the protections that keep liberty secure during national crises.
PRAY FIRST for God to guide our leaders to act decisively yet wisely in times of crisis so that swift decisions uphold lawfulness and reflect temperance.
If you call out for insight and raise your voice for understanding… then you will understand righteousness and justice and equity, every good path. Proverbs 2:3, 9
In times of urgent crisis—a pandemic, a natural disaster, a national security threat—our government may rightfully need to move quickly. However, speed should not mean reckless abandon. In the U.S., emergency powers are only lawful when they remain tethered to legal authority, oversight, and respect for citizen rights. But have you ever wondered how emergency powers are defined, constrained, and (ideally) used in limited scope?
Constitutional and Legal Foundations
There is no all-purpose emergency power in the Constitution. The executive’s authority comes from Congress’s statutes or from specific constitutional provisions that outline limited exceptions, establishing necessary legislative approval when standard procedures can’t keep pace with an urgent situation.
Today, the primary legal framework for national emergencies is the National Emergencies Act (NEA), codified at 50 U.S.C. §§ 1601–1651. Under this law, the president may declare a “national emergency,” triggering a specified set of statutory powers. The president must identify precisely which powers are being activated, publish a written declaration, notify Congress, and keep the public informed about how resources are allocated.
The NEA was written to keep crisis powers from becoming part of normal political life. Under the law, a presidential emergency declaration lasts one year unless it is deliberately renewed, and Congress has the authority to end it through joint resolution. Courts also continue to oversee government actions during an emergency, reaffirming that crises don’t pause constitutional limits. Together, these guardrails remind us that emergency authority must remain bound to law rather than momentum or executive preference.
Types of Emergencies and Range of Activity
Not all emergencies are the same. A public-health crisis, a hurricane, and a national security threat each raise different risks and require different responses. The law mirrors this complexity. Emergency powers are not “housed” in one place but are woven through regulations addressing natural disasters, public health, defense, and financial emergencies.
Emergencies can look so different from one another and because of this, the way the government responds should match the actual situation at hand. After a hurricane, a response might look like coordinating rescue teams, directing emergency funds where they are most needed, or briefly limiting travel in dangerous zones. During a public-health crisis, the focus may shift to managing medical resources or setting temporary rules for large gatherings. Then in moments of national-security concern, authorities may need to strengthen defensive readiness or protect critical structures. Whatever the event, the response should be proportionate, clearly defined, and tied to the specific nature of the crisis, not broader than the moment requires.
Nevertheless, some lines should never be crossed, no matter how serious the conditions become. Emergency powers must not be used to silence disagreements, sidestep the courts, or weaken the constitutional protections that anchor American public life. These moments may call for swift action, but they should not open the door to practices that would be unacceptable in ordinary times. A crisis may justify temporary measures, but it should never become an excuse for stretching authority in ways that outlast the emergency itself.
Accountability, Oversight, and Transparency
When normal rules are bypassed, accountability becomes essential. The NEA’s protocols—written declarations, specification of powers, regular reporting—exist to provide transparency and enable scrutiny. Congress and the courts serve as vital checks. Congress may legislate, renew, or terminate emergencies; courts can nullify excessive or unlawful actions.
Still, history reveals that these protections have sometimes proven weak in practice. The Brennan Center for Justice has noted that once an emergency is declared under the NEA, it often remains in place for years, and sometimes well beyond the original crisis, because Congress seldom revisits or challenges the renewal.
Some of the legal authority unlocked by a declaration are far-reaching. They include authority to seize property, commandeer transportation or communications, impose controls over private industry—powers that under ordinary circumstances would require explicit congressional law or judicial protections.
Since emergency powers can slowly stretch beyond their original purpose, transparency and public oversight become crucial. These tools should be used sparingly, checked often, and grounded in the reality of the situation they were created to address.
Federal Action on Emergency Powers
In 2025, the most significant federal effort to increase transparency around emergency powers has been the introduction of the Limiting Emergency Powers Act of 2025 (H.R. 125). This bill proposes a major structural change: any presidential emergency declaration would automatically expire after 30 days unless Congress votes to affirm it. By requiring an affirmative, public vote rather than allowing emergencies to continue indefinitely, the bill aims to increase democratic oversight and make the use of emergency authority more visible to the public.
Beyond legislation, some of President Donald Trump’s executive actions have contributed to transparency by explicitly citing the emergency statutes they rely on—such as the International Emergency Economic Powers Act (IEEPA) and the National Emergencies Act. While these executive orders are not transparency reforms in themselves, they make the legal basis for presidential actions clearer and easier for the public and Congress to evaluate.
The president’s administration has also issued and rescinded various executive orders across multiple policy areas, which creates a clearer public record of how federal authority is being exercised or adjusted. Although these actions are not specifically targeted at emergency powers, they contribute to a broader environment of administrative transparency.
Overall, 2025 has seen movement toward greater oversight, but not a sweeping overhaul. The major reform effort remains legislative and still pending. The year’s developments reflect a growing push for accountability across the entire federal government.
Why It Matters and How We Can Respond
Emergency powers can be a double-edged sword. On one hand, they allow decisive action when lives and safety are at risk—from natural disasters to pandemics to security threats. On the contrary, they can undermine institutions and freedoms if left unchecked or prolonged indefinitely.
Healthy emergency governance rests on limits—clear rules, clear oversight, clear respect for people. Even urgent decisions should be made in the open and held to account. As Proverbs teaches, “righteousness exalts a nation” (Proverbs 14:34), a reminder that integrity is never optional, even under pressure.
When danger rises, it’s easy to trade accountability for speed, but history shows that power without boundaries can drift, deepen distrust, and leave lasting marks on public institutions. Keeping emergency authority focused and temporary guards both public safety and the freedoms that make communal life possible.
If crises are part of the human story, so is the responsibility to guard against the misuse of power. What we expect from our leaders in hard seasons reveals the kind of society we hope to build. And for Christians, the call to “seek the welfare of the city” (Jeremiah 29:7) means caring not only about immediate relief, but also about the long-term integrity of the systems that shape our common life.
HOW THEN SHOULD WE PRAY:
— Pray for all who hold authority during crises would resist the temptation to cling to power or use it for personal or political gain, acting instead with honesty and restraint. Better is a little with righteousness than great revenues with injustice. Proverbs 16:8
— Pray for those responsible for informing the public to communicate openly, accurately, and without fear-stirring or manipulation and helping communities stay grounded and united. Therefore, having put away falsehood, let each one of you speak the truth with his neighbor, for we are members one of another. Ephesians 4:25
CONSIDER THESE ITEMS FOR PRAYER:
- Pray for discernment among citizens as they elect those who will be required to act in emergency situations.
- Pray for healthy accountability between branches of government, federal agencies, and state and local officials.
- Pray that communities most vulnerable during emergencies receive prompt support and remain a priority in policy decisions.
Sources: Congressional Research Service, Congress.gov, Brennan Center for Justice, Hoover Institution, Cornell University Law Library, GovTrack, White House, National Conference of State Legislators
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