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The Brennan Center studies executive emergency authorities and advocates for reforms.
The President of the United States does not have constitutional or statutory authority to unilaterally stop or cancel federal elections, and Congressional law fixes the timing of presidential and cong...
The Constitution vests in the President and enumerates specific authorities—Commander in Chief, appointment and treaty roles, pardon power, and the duty to “take Care that the Laws be faithfully execu...
The judicial record concluded that the federal government’s freezing of bank accounts under the Emergencies Act during the was unlawful and unjustified: Justice Richard Mosley ruled the invocation unr...
’s online Guide to Invocations of the reports that the statute has been used in response to 30 distinct crises since its origins, and the guide presents each incident with the date, the president who ...
The Constitution’s Twenty-Second Amendment plainly bars any person from being elected president more than twice, but legal scholars, political advocates and partisan boosters have debated a narrow set...
A president seeking to cancel federal elections would confront legal, political, and practical barriers: Congress set the federal election date and the Constitution vests states with key authority ove...
States cannot unilaterally cancel or indefinitely postpone federal elections for president or Congress; while states administer the mechanics of voting, the Constitution and federal statute vest Congr...