Under the National Emergencies Act of 1976, the president can declare an emergency for just about anything. As President Trump has considered using that authority to circumvent Congress and build a wall along the Southern border, that near-unlimited presidential power has gotten a lot of attention. But it isn’t the whole story.
Congress also gave itself the ability to terminate an emergency declaration. In the more than 40 years since the law was passed, only one member of Congress has ever tried it.
“It was a lever that we had,” said George Miller, the former Democratic congressman from California. “We decided to use it.”
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