[20190301]LSB10267_《国家紧急状态法》下的国家紧急状态定义 .pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Definition of National Emergency under the National Emergencies Act March 1, 2019 States and various organizations have filed a number of lawsuits challenging President Trumps proclamation of a national emergency in order to secure funding for the construction of physical barrier along the U.S. southern border. The lawsuits assert that no national emergency exists and that the President has overstepped his authority. Some observers are concerned that the declaration of a national emergency under present circumstances will set a precedent for future presidents to declare national emergencies to override Congress on other policy matters. Others have raised alarm about the number of and nature of statutes that provide the President specific authorities once he has proclaimed a national emergency. The National Emergencies Act (NEA), described in a previous Legal Sidebar post, provides a framework for the President to declare a national emergency, but does not define what may constitute a national emergency. Accordingly, assuming that the plaintiffs have demonstrated standing to bring suit, a