Emergency Powers Simulation

Simulation Briefing

You have been commissioned to review, debate, edit, flesh out, and make ready an amendment to the U.S. Constitution for checking and balancing Emergency Powers. 

Working Document for Federal Constitution

Congress may declare an emergency, or 2/3 of the States. The President may not declare an Emergency.

Emergency power legislation established by Congress, signed by the President, and approved by a simple majority of states.

A National Emergency may not last longer than 6 months.

The President may extend the emergency for 30 to 60 more days if Congress cannot decide on the emergency before its expiration. He shall do so by proclamation and notification of reasons to Congress and the executives of each state.

Congress may extend a national emergency for another 3 to 6 months from the date of its original expiration.

Congress may not continue an emergency for longer than one year.

If it is necessary to continue a national emergency beyond one year, then congress shall by simple majority pass a resolution, the President shall sign it, and it shall be sent to the legislature of the several states. States shall continue an emergency with a 2/3 vote. This process may be repeated to continue an emergency.

The continued emergency expires after a term of 6 months.

Congress may terminate any national emergency with a joint resolution bill by a simple majority. Only Congress may do so for the first 6 month term. However, if the states deem Congress to declare an excessive amount of emergencies, then a majority of states may submit their case to the Supreme Court. The court may rule against the emergency and terminate it. Or the court may rule with the emergency and allow it to stand. No precedence shall be established in these rulings. It shall be considered purely on a case by case basis.

The states, when 2/3 of their legislatures shall agree, may terminate a national emergency at any time. Such termination shall take effect within 2 weeks on the next “business day” (Monday through Friday).

County commissioners, when a majority of the counties shall agree, may override their legislature’s vote. This must be accomplished within 2 weeks of the state legislature vote.


NOTE: Look at how Amendments are formatted, styled, and their process or activation. Do a little research to create your own finished draft for submission.

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