Politics

/

ArcaMax

Commentary: The quickest way to democratic demise -- A permanent emergency

Alix Fraser and Liana Keesing, The Fulcrum on

Published in Op Eds

In 2016, Venezuela’s president, Nicolas Maduro, declared an economic emergency to confront the country’s spiraling financial crisis. What was billed as a temporary measure quickly expanded – and never truly ended. The “state of emergency” was renewed repeatedly, granting the president sweeping authority to rule by decree. Venezuela’s legislature was sidelined, dissent was criminalized, and democratic institutions were hollowed out under the guise of crisis management.

That story may feel distant, but it’s a warning close to home. Emergencies demand swift, decisive action. In the face of natural disasters, terrorist attacks, or public health crises, strong executive leadership and emergency powers can save lives. Mayors, governors, and presidents must be able to cut through bureaucracy when every minute counts.

But emergency powers are among the most potent – and most dangerous – tools in any democracy. Because they allow leaders to bypass normal checks and balances, these powers must be reserved for genuine crises, not exploited for politics or convenience, and must have a clear end date. Today, that line has blurred, and emergencies can continue with no end in sight.

The United States is currently operating under more than 50 simultaneous national emergencies. Many were declared decades ago. Some are tied to conflicts that have long since ended. What was designed as a narrow, temporary authority has quietly become a system of permanent emergency government, a mechanism for expanding presidential power without congressional consent or public accountability.

That drift has warped the Constitution’s balance of powers. Our founders never intended for one person to wield open-ended emergency authority. The system they designed entrusted Congress – the people’s representatives – with the responsibility to decide whether extraordinary powers should continue once the immediate danger has passed. Yet over time, presidents of both parties have seized ever-broader emergency powers, and Congress has failed to effectively check them.

In 1976, Congress tried to fix this problem through the National Emergencies Act (NEA). The law was meant to restore accountability by requiring regular congressional review. But in practice, it did the opposite. Because ending an emergency now takes a joint resolution that can be vetoed by the president, it effectively demands a veto-proof majority in Congress to succeed. In a polarized political era, that’s nearly impossible. The result is that many emergency declarations persist year after year, long after the crises that justified them have passed.

This creeping normalization of emergency rule is more than a constitutional defect. It blurs the line between temporary crisis management and permanent executive control. It allows presidents to sidestep Congress, avoid public debate, and govern by decree. What should be exceptional has become routine, and it is antithetical to the ideals of American democracy.

And America is not alone in this struggle. Around the world, democracies have seen similar patterns: leaders invoking “temporary” emergencies that linger for years, concentrating power in the executive. From Hungary’s pandemic-era decrees to Turkey’s post-coup state of emergency, history shows how extraordinary powers, once normalized, rarely recede. America’s system was built to resist that temptation – but it is showing strain.

Public opinion reflects this concern. Recent polling shows that a majority of Americans (54 percent) support requiring Congress to decide whether to end or continue presidential emergency powers after 30 days. Only 23% oppose it. Voters across party lines understand what the Framers warned: liberty is most endangered when concentrated in a single pair of hands, especially under the vague justification of an undefined “emergency.”

 

Reforms are both necessary and achievable. Congress should require affirmative approval for any emergency declaration lasting beyond 30 days and mandate regular reauthorization thereafter. It should also require transparency about which statutory powers are being invoked and impose clear expiration dates for each declaration. These steps, outlined in Issue One’s We the People Playbook, would flip the current dynamic, ensuring presidents can act swiftly in crisis, but that the people’s representatives must decide whether those powers endure.

This is not a partisan issue; it is a constitutional one. As James Madison cautioned, the accumulation of legislative and executive power “in the same hands” is the very definition of tyranny. Restoring limits on emergency powers doesn’t weaken the presidency – it strengthens the republic. It ensures that, in times of crisis, America acts with both urgency and legitimacy.

History offers us a clear warning: even the best intentions can lead to unchecked power when emergencies never end. Venezuela’s slow slide from crisis management to one-man rule didn’t happen overnight – it happened through a series of temporary measures that became permanent. America’s democracy is stronger and more resilient, but it is not immune. The surest safeguard against that fate is to reassert Congress’s role and reaffirm that in this nation, no emergency lasts forever.

____

Alix Fraser is Issue One’s Vice President of Advocacy. He previously spent nearly a decade in foreign policy, developing and executing U.S. foreign policy at the State Department, where he primarily focused on improving democratic institutions and human rights conditions internationally.

Liana Keesing is Issue One’s Policy Lead for Technology Reform, where she leads the organization’s agenda at the intersection of democracy and emerging technology across both federal and state levels. A trained engineer turned policy advocate, Liana excels at translating complex technical issues for policymakers and the public.

_____


©2025 The Fulcrum. Visit at thefulcrum.us. Distributed by Tribune Content Agency, LLC.

 

Comments

blog comments powered by Disqus

 

Related Channels

The ACLU

ACLU

By The ACLU
Amy Goodman

Amy Goodman

By Amy Goodman
Armstrong Williams

Armstrong Williams

By Armstrong Williams
Austin Bay

Austin Bay

By Austin Bay
Ben Shapiro

Ben Shapiro

By Ben Shapiro
Betsy McCaughey

Betsy McCaughey

By Betsy McCaughey
Bill Press

Bill Press

By Bill Press
Bonnie Jean Feldkamp

Bonnie Jean Feldkamp

By Bonnie Jean Feldkamp
Cal Thomas

Cal Thomas

By Cal Thomas
Christine Flowers

Christine Flowers

By Christine Flowers
Clarence Page

Clarence Page

By Clarence Page
Danny Tyree

Danny Tyree

By Danny Tyree
David Harsanyi

David Harsanyi

By David Harsanyi
Debra Saunders

Debra Saunders

By Debra Saunders
Dennis Prager

Dennis Prager

By Dennis Prager
Dick Polman

Dick Polman

By Dick Polman
Erick Erickson

Erick Erickson

By Erick Erickson
Froma Harrop

Froma Harrop

By Froma Harrop
Jacob Sullum

Jacob Sullum

By Jacob Sullum
Jamie Stiehm

Jamie Stiehm

By Jamie Stiehm
Jeff Robbins

Jeff Robbins

By Jeff Robbins
Jessica Johnson

Jessica Johnson

By Jessica Johnson
Jim Hightower

Jim Hightower

By Jim Hightower
Joe Conason

Joe Conason

By Joe Conason
Joe Guzzardi

Joe Guzzardi

By Joe Guzzardi
John Stossel

John Stossel

By John Stossel
Josh Hammer

Josh Hammer

By Josh Hammer
Judge Andrew P. Napolitano

Judge Andrew Napolitano

By Judge Andrew P. Napolitano
Laura Hollis

Laura Hollis

By Laura Hollis
Marc Munroe Dion

Marc Munroe Dion

By Marc Munroe Dion
Michael Barone

Michael Barone

By Michael Barone
Mona Charen

Mona Charen

By Mona Charen
Rachel Marsden

Rachel Marsden

By Rachel Marsden
Rich Lowry

Rich Lowry

By Rich Lowry
Robert B. Reich

Robert B. Reich

By Robert B. Reich
Ruben Navarrett Jr.

Ruben Navarrett Jr

By Ruben Navarrett Jr.
Ruth Marcus

Ruth Marcus

By Ruth Marcus
S.E. Cupp

S.E. Cupp

By S.E. Cupp
Salena Zito

Salena Zito

By Salena Zito
Star Parker

Star Parker

By Star Parker
Stephen Moore

Stephen Moore

By Stephen Moore
Susan Estrich

Susan Estrich

By Susan Estrich
Ted Rall

Ted Rall

By Ted Rall
Terence P. Jeffrey

Terence P. Jeffrey

By Terence P. Jeffrey
Tim Graham

Tim Graham

By Tim Graham
Tom Purcell

Tom Purcell

By Tom Purcell
Veronique de Rugy

Veronique de Rugy

By Veronique de Rugy
Victor Joecks

Victor Joecks

By Victor Joecks
Wayne Allyn Root

Wayne Allyn Root

By Wayne Allyn Root

Comics

Bart van Leeuwen John Deering Michael Ramirez Walt Handelsman Joey Weatherford Chris Britt