Summary of “What Can a President Do During a State of Emergency?”

Emergency powers are meant to give the government a temporary boost until the emergency passes or there is time to change the law through normal legislative processes.
The state of emergency expires after a year unless the president renews it, and the Senate and the House must meet every six months while the emergency is in effect “To consider a vote” on termination.
For the most part, the president is free to use any of them; the National Emergencies Act doesn’t require that the powers invoked relate to the nature of the emergency.
AN INTERNET KILL SWITCH?Like all emergency powers, the laws governing the conduct of war allow the president to engage in conduct that would be illegal during ordinary times.
Passed in 1977, the law allows the president to declare a national emergency “To deal with any unusual and extraordinary threat”-to national security, foreign policy, or the economy-that “Has its source in whole or substantial part outside the United States.” The president can then order a range of economic actions to address the threat, including freezing assets and blocking financial transactions in which any foreign nation or foreign national has an interest.
The Miami Herald reported that Lieutenant Colonel Oliver North had worked with the Federal Emergency Management Agency to create a secret contingency plan authorizing “Suspension of the Constitution, turning control of the United States over to fema., appointment of military commanders to run state and local governments and declaration of martial law during a national crisis.” A 2007 Department of Homeland Security report lists “Martial law” and “Curfew declarations” as “Critical tasks” that local, state, and federal government should be able to perform in emergencies.
Founders think of these and other emergency powers on the books today, in the hands of a president like Donald Trump? In Youngstown, the case in which the Supreme Court blocked President Truman’s attempt to seize the nation’s steel mills, Justice Jackson observed that broad emergency powers were “Something the forefathers omitted” from the Constitution.
With turnout at a historical low, a president who was facing impeachment just months earlier handily wins reelection-and marks his victory by renewing the state of emergency.

The orginal article.