The Problem 

Presidents often declare emergencies that are broad or ill-defined, and without time limits. Presidents use powers reserved for emergencies to bypass Congress, allowing the executive to redirect funds, deploy military personnel, and regulate sectors of the economy, with minimal immediate oversight. Increasing polarization and internal gridlock have made it difficult for Congress to end an emergency once it is declared. Presidents have long used these powers, but their growing use and Congress’s inability to act have allowed some declarations to last more than 40 years. There is growing concern in both parties about the use of these powers, particularly as the next president of either party may extend the executive’s reach even further.  

Explore and Engage 

Our research and public and private programming examine the use of these powers in recent history, the landscape of existing reform efforts, and the conditions and strategies that may increase the chance for successful reform. Our oral history and recordings teams regularly assess the use of executive powers, from Kennedy to Trump 47. Russell Riley has written on the long history of presidential use of emergency powers and the expansion and contraction of these powers in key historical moments. Research will focus on the commissions and efforts that led to reforms of presidential emergency powers in the 1970s and a bipartisan effort in 2024 on legislation that cleared committees in both chambers but did not make it to a full vote, helping to understand where previous efforts succeeded and where they fell short. Additional research will categorize the variety of emergencies currently listed under statute, which statutes do and do not have time limits, and what happens when time limits are reached. Our work will be guided by the expertise of Miller Center senior fellows, including Ashley Deeks and Saikrishna Prakash, both leading legal experts who also have worked in the executive and judicial branches as practitioners. We will collaborate with former and current members of Congress from both parties and both chambers, and we are exploring partnerships with several organizations focused on reform efforts. 

Where Can We Make a Difference?  

There is rising concern in both parties that the 48th president—from either party—will continue to distort constitutional balance by declaring emergencies. Our work in 2026 and 2027 will be steered toward exploring concrete reforms. The outcome of the 2026 midterm elections will give greater clarity about both public attitudes on presidential power and congressional appetite for reform. We will use the next year to establish what might be possible and the 2027 Conference on the American Presidency can help guide our work with like-minded organizations pursuing reform of this critical area.