April 15, 2025
ABA and Brennan Center document National Emergencies Act abuse
Constitutional lawyers document systematic emergency power abuse in 400-page report
📜Constitutional Law📚Historical Precedent⚖️Justice
A bipartisan group of constitutional lawyers and former government officials released a 400-page report on April 15, 2025, documenting systematic abuse of emergency powers by the Trump administration.
The report, endorsed by the American Bar Association, details how fake emergencies circumvent congressional authority and violate due process rights of millions of Americans.
On April 15, 2025, a bipartisan group of constitutional lawyers and former government officials released a 400-page report documenting systematic abuse of emergency powers by the Trump administration (Source: NPR, Q1; Q17).
The American Bar Association officially endorsed that 400-page report on emergency powers abuse (Source: ABA, Q2).
President Trump invoked emergency powers 8 times in his first 100 days in office, more than any modern president in that period (Source: NPR, Q3).
The report details how fake emergencies circumvent congressional authority and violate due process rights of millions of Americans (Source: NPR, Q16).
President Trump most frequently cited the International Emergency Economic Powers Act (IEEPA) to justify emergency tariffs on imports (Source: AP News, Q5; Q18).
The Brennan Center for Justice has identified 150 distinct legal powers a president can unlock by declaring a national emergency (Source: OPB, Q6; Q19).
📜Constitutional Law📚Historical Precedent⚖️Justice
People, bills, and sources
Kim Lane Scheppele (Princeton University professor)
described Trump's emergency power strategy as “pedal to the metal on executive power” (Source
Elizabeth Goitein (Brennan Center for Justice)
highlighted that the National Emergencies Act contains no definition of “national emergency” and lacks substantive criteria (Source
What You Can Do
1
Read the full 400-page report on emergency powers abuse at NPR: https://www.npr.org/2025/06/09/nx-s1-5424666/trump-national-emergencies-democracy-supreme-court-constitution to examine documented instances and evidence.
2
Download the American Bar Association’s endorsement statement at https://www.americanbar.org/news/abanews/aba-news-archives/2025/02/aba-statement-re-remarks-questioning-judicial-review/ for detailed legal context on judicial review of emergencies.
3
Consult the OPB analysis listing 150 legal powers unlocked by national emergencies at https://www.opb.org/article/2025/06/06/analyst-calls-for-limiting-authoritarian-like-presidential-emergency-powers/ to understand the scope of presidential authority under a national emergency.
4
Review the AP News report on the federal trade court ruling at https://apnews.com/article/trump-emergency-powers-tariffs-immigration-5cbe386d8f2cc4a374a5d005e618d76a for the court’s reasoning on emergency tariff authority under IEEPA.