How long can a "national emergency" last, once it is declared?

[kentuck]

If the lack of a "wall" at our border is a national emergency, it may not be completed for 15 years?

Does the "national emergency" continue if a new President is sworn in?

It seems like this is opening up a whole new can of worms?

It will be just a matter of time until we are discussing "martial law".

[WeekiWater]

1. Indefanatley as long as there is no court interference and future Presidents uphold it. NT

[TheFarseer]

2. If it's like a war on terror

18 years and counting

[sfwriter]

3. We are still under national emergencies declared against Iran by Jimmy Carter!

[PJMcK]

4. There's a reason for the Iran situation

Elsewhere on DU, someone explained that in order to maintain the sanctions and holding of Iran's assets, the emergency needs to be re-articulated every six months (I think). Otherwise, the U.S. would not have the legal standing to maintain those actions.

[sfwriter]

9. Correct.

To maintain executive powers, the national emergency must be maintained or congress has to grant that power. That's true of quite a bit of executive power now. We have greatly expanded the executive over the last 75 years.

https://psmag.com/news/the-united-states-states-of-emergencies

[BP2]

5. Correct. No end date. SCOTUS probably won't intervene, but both chambers of Congress can vote to

override the president.

That is unlikely to happen in the Senate.

[Fiendish Thingy]

6. It must be renewed annually by the current president, or it expires nt

[duforsure]

7. Its funny he's trying to declare this a national emergency

When he hires illegal immigrants all over the country without any backgrounds checks, and even illegally provides them green cards at his businesses, and now wants to lie and claim its a national emergency is just another scam to get more powers. Who knows also , this could be putins idea . trumps a fraud , and a treasonous corrupt criminal trying to gain more power to stop all investigations against him and his crime family.

[DetroitLegalBeagle]

8. Indefinitely in practice

Legally, they expire in 1 year unless renewed. Typically, they are renewed. We are currently under over 30 declared emergencies and the country has been constantly under a national emergency for about 4 decades now.

[Buckeyeblue]

10. Will they have to use the national emergency notification system?

All of our TV shows will be interrupted with that god awful noise. Then a voice will come on to announce that we have a national emergency. It will be the voice of 45 telling us to take cover while he builds a wall...

And he will start using the national emergency system to give us little messages throughout the day, like:

Can someone bring me a diet coke

Where is my remote control

Pence stole my viagra

[BumRushDaShow]

11. Here is some info on that

https://www.lawfareblog.com/emergencies-without-end-primer-federal-states-emergency

Some revised "checks/balances" were passed in 1985 via an amendment to the original 1976 National Emergencies Act after the SCOTUS threw out the power of Congress to unilaterally terminate "declared emergencies"... requiring terminations to follow regular legislative procedure (including being sent to the President for approval/disapproval, and where if disapproved, the option to override is available).