A bipartisan coalition in Congress is introducing legislation to curtail the extensive powers granted to the White House under the National Emergencies Act, shifting more authority back to Congress. Representatives Chip Roy (R-TX) and Mike Lee (R-UT) have garnered support from both Democrats and Republicans for the "ARTICLE ONE Act" (Assuring that Robust, Thorough, and Informed Congressional Leadership is Exercised Over National Emergencies). They argue this bill will restore the constitutional balance of power between the branches of government.

The National Emergencies Act of 1976 currently defines the executive branch's powers during declared emergencies. Rep. Roy criticized the unchecked power of presidents to declare national emergencies, stating it undermines the constitutional order. He emphasized the bill's aim to reassert Congressional authority and restore the balance of power intended by the Constitution's framers.

The National Emergencies Act grants the president significant powers during national emergencies, including seizing private property, controlling domestic transportation, and spending without Congressional approval. Currently, presidents can unilaterally extend emergencies, and Congress needs a veto-proof majority to terminate them. There are currently 41 active national emergencies, none of which Congress has authorized, with the oldest dating back to 1979.

Senator Lee echoed Rep. Roy's concerns, criticizing "lawmaking-by-proclamation" and advocating for Congress to reclaim its legislative power. The ARTICLE ONE Act would mandate Congressional approval for emergencies extending beyond the initial 30 days, which the lawmakers believe provides sufficient time for presidential action without Congressional consent. A joint resolution would be required to extend an emergency for one year.

The bill has garnered support from a diverse group of Senators, including Richard Blumenthal (D-CT), Mike Braun (R-IN), Mike Crapo (R-ID), Jim Risch (R-ID), and Chris Murphy (D-CT). House supporters include Steve Cohen (D-TN), Josh Brecheen (R-OK), and several others from both parties.