Since 9/11, successive U.S. presidents have repeatedly invoked emergency declarations for disparate crises (terrorism, financial shocks, pandemics, tariffs), turning a temporary constitutional extraordinary power into a recurring governance tool rather than an exception. That repetition creates incentives to routinize unilateral decision-making and shifts policymaking weight away from legislatures and courts.
— If emergency declarations become the default governance mechanism, debates about accountability, separation of powers, and the durability of democratic checks should become central to constitutional and political reform agendas.
2026.09.10
100% relevant
Michael W. McConnell's piece cited in the newsletter and the newsletter's summary noting presidents invoking emergency powers for 2008, Covid-19, and tariffs exemplify this normalization.
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