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Senate Report 93-549


Senate Report 93-549 was a document issued by the "Special Committee on the Termination of the National Emergency" of the 93rd Congress (hence the "93" in the name) (1973 to 1975). Its purpose was to discuss and address the 40-year-long national emergency that had been in effect in the United States since 1933. During the continued emergency, Congress voted to transfer powers from itself to the President. The debate to end long-running states of National Emergency was ended in 1976 with the National Emergencies Act (50 U.S.C. 1601–1651), which rescinded the president's authority under the prior emergencies and established an expiration period (subject to annual presidential renewal) on future declared emergencies.

The bulk of the report is an inventory of approximately 470 sections in federal law that extend emergency powers to the President and the executive branch. Before this comes an introduction discussing the history of how such a political situation developed.

The committee noted that prior to Franklin Roosevelt, presidents had responded to emergencies through existing legal authority, or by seeking emergency legislation. Roosevelt took a more assertive approach, believing that the executive branch had a public duty to "do anything that the needs of the Nation demanded" except where the Constitution or laws prohibited it. In responding to the Great Depression and World War II, Roosevelt used declarations of emergency to signal his intent to broaden executive power, with the expectation that Congress (controlled by his own party) would ratify his actions. This pattern repeated under Harry Truman during the Korean War and became the backdrop of the Cold War. Reflecting on the situation, the committee observed:

"The 2,000-year-old problem of how a legislative body in a democratic republic may extend extraordinary powers for use by the executive during times of great crisis and dire emergency — but do so in ways assuring both that such necessary powers will be terminated immediately when the emergency has ended and that normal processes will be resumed — has not yet been resolved in this country. Too few are aware of the existence of emergency powers and their extent, and the problem has never been squarely faced."


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