How Congress Can Limit the Emergency Declaration Powers of the President

[Frodo]

And by that, I don't just mean Trump -for all future presidents, but starting with him.  

The Lawfare blog suggested last month that Congress should include automatic sunset provisions, for instance demanding that after three months, the President should come to them asking for an extension of the emergency in question.  It would definitely be a vast improvement on what's happening now.  

What are your suggestions in limiting the President's emergency declaration powers?  

[Sirius_]

We could start by not making a resolution to overturn an emergency require signature so the president can't veto. There's an obvious imbalance of powers favoring the executive in this situation. Sunset provision doesn't seem like a bad idea either.

I'd be wary of a law only allowing certain specific things in an emergency though, since we never know what might come up.

[Sirius_]

Why doesn't anybody here have any problems with the emergency declarations made by Obama and Bill Clinton?

Because they didn't try to fund a wall?

[True Federalist (진정한 연방 주의자)]

We could start by not making a resolution to overturn an emergency require signature so the president can't veto. There's an obvious imbalance of powers favoring the executive in this situation. Sunset provision doesn't seem like a bad idea either.

I'd be wary of a law only allowing certain specific things in an emergency though, since we never know what might come up.

It used to be easier for Congress to undo an emergency declaration, but SCOTUS ruled some years ago that the presentment clause required treating this way.

My suggestion is some variation of sunsetting. Say one week (or one week after Congress is called back into session if it is out of session - HAH!)  and then it requires explicit Congressional approval to continue past then. That certainly is enough time for real emergencies, but I'm not certain it solves the problem with the presentment clause.

[Amenhotep Bakari-Sellers]

Only when there is an imminent threat, like in the case of Mexico, just a refugee crisis isn't enough, should an emergency declaration be made in a boarder crisis or a gun emergency declaration.