The International Emergency Economic Powers Act, enables the president to declare national emergencies “to deal with any unusual and extraordinary threat” that “has its source in whole or substantial part outside the United States.” The law empowers presidents to sanction countries, businesses, and individuals without warning, without furnishing evidence, and, effectively, without appeal.
Trump, never troubling to disguise his disregard for the law, is clearly no hypocrite. His evident lack of scruples—along with the primal terror induced by the prospect of a second term—is the very reason that the long-dormant issue of emergency presidential powers has now come to the fore.
In the event of “a national emergency on the grounds of national security, the president would have more than 120 statutory emergency powers” at his disposal, potentially enabling him to postpone the election.
Democratic leaders are meanwhile cautious, “about doing anything that might demoralize voters by drawing too much attention to unconventional election threats,” which they feel would risk depressing the vote.
Admittedly, the Democrats sought to bring down Trump over his maladroit dealings with Ukraine, but the initiative died a predictable death. The days of bipartisan revolt against unchecked presidential power are long gone.
“We had a major scandal and a weakened presidency. It was a perfect storm that many thought could be exploited and turn the whole place upside down. But that was naïve, always was.”
Even if the prospective nightmare of Trump disrupting or ignoring the election goes away, the “loaded weapon” that Justice Jackson warned about will still be to hand.
Secret powers and the presidency
harpers.org