Opinion | Trump Showed How Easily Presidents Can Abuse Emergency Powers. Here's How Congress Can Rein Them In

On his first day in office, President Joe Biden made official what should have been obvious: There is no emergency at the southern border, other than perhaps the humanitarian crisis brought about by the Trump administration's own immigration policies. Biden's executive order rescinding Donald Trump's 2019 declaration of a national emergency will halt further construction of a wall that has stigmatized immigrants, harmed the environment and served as an ugly symbol of xenophobia.
But while Biden's order will end this particular abuse of presidential emergency powers, it will not safeguard our democracy from future abuses. Trump's presidency revealed a fatal weakness in the law governing national emergencies. And the time to fix that law is precisely when the White House is occupied by someone who is unlikely to abuse it.
Under the National Emergencies Act, the president has near-total discretion to declare a national emergency. Such a declaration in turn unlocks powers contained in more than 100 different...

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