At the end of August 1976, in the lingering patriotism of America’s bicentennial celebrations, Congress passed the National Emergencies Act, a bill meant to rein in past delegations of emergency power and ensure that the legislature maintains control over the use of such authorities going forward. President Gerald Ford, who had turned back Ronald Reagan’s challenge at the Republican National Convention in Kansas City earlier that month, signed the NEA into law on September 14.
The law was the culmination of a years-long process initiated to study the implications of terminating a 1950 national emergency proclamation, issued by President Truman during the Korean War, that was still in force and in use throughout the Vietnam War. The special committee soon realized that there were, in fact, four extant national emergencies, the oldest dating back to 1933. Dismayed that a majority of Americans had “lived their entire lives under emergency rule,” the committee was clear-eyed about where blame belonged: “This dangerous state of affairs is a direct result of Congress’ failure to establish effective means for the handling of emergencies and its willingness to defer to Executive branch leadership.”