At the #demdebates, Tom Steyer says he would use “the emergency powers of the presidency” to fight climate change. Here are a few observations about what that might mean, and some questions. 1/9
There are 123 statutory authorities that become available to a president when s/he declares a national emergency, as we catalogued at the @BrennanCenter last December. 2/9 brennancenter.org/our-work/resea…
These powers cover a lot of ground, but they’re not limitless in their reach. None of them is intended, designed, or well-suited to address climate change. 3/9
The Stafford Act is another statutory emergency power. It’s useful for freeing up resources to deal with isolated natural disasters. But it doesn’t authorize the kinds of long-term policy changes we need to combat climate change. 4/9
How about the Constitution? It authorizes Congress to suspend habeas corpus and provide for calling forth the militia to execute the law, suppress insurrections, and repel invasions... but it doesn’t give the president any express emergency powers. 5/9
That leaves the idea of “inherent” constitutional emergency powers, a notion embraced by some conservative legal theorists and defenders of executive prerogative. It’s a controversial theory with significant implications. 6/9
Any presidential candidate, Democrat or Republican, who believes the president has inherent constitutional authority to deal with climate change or any other emergency powers should answer these questions: 7/9
Where in the Constitution do you find the source of this power? What do you consider to be the criteria for invoking it? What is the full range of actions that it authorizes, & what limits apply? Do you acknowledge Congress’s authority to legislate restrictions on that power? 8/9
Climate change is the biggest threat we face today. But as Trump has shown, emergency powers and other claims of broad presidential power can be dangerous. It’s important to know what powers the candidates believe presidents have, and where they think the limits are. 9/9
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