In this episode of “It’s the Law,” UC Berkeley School of Law Dean Erwin Chemerinsky breaks down the answer and explains that the Constitution is meant to limit what the government can do, and those limits apply to emergencies as well…

If you want to learn about economic sanctions, which are the most common of the president’s emergency powers, and one non-conflict way to exert pressure on a foreign power, check out New Hampshire Public Radio’s Civics 101 podcast episode on emergency powers. You’ll also learn about certain military powers the president has under an emergency declaration. Emergency powers are designed for when plans need to change, and fast, by allowing the president to override certain Constitutional provisions in a time of crisis. But in the last century, national emergencies have gone from a rarity to a tool that presidents use dozens of times while in office. We talk about what a president can (and cannot) do during a state of emergency, and how Congress has tried to put checks on that power, with help from Kim Lane Scheppele, author of Law in a Time of Emergency…

This video lecture for Professor Dru Stevenson’s Administrative Law course (and Statutory Interpretation-Legislation) discusses the evolving Major Questions Doctrine and how it was applied and explained in Biden v. Nebraska, 143 S.Ct. 2355 (2023), in which the U.S. Supreme Court invalidated the President's original student loan forgiveness program, which had relied on the HEROES Act of 2003, which allowed the Secretary of Education to “waive or modify” student loan provisions during a national emergency. The Court’s holding was that this emergency-related authority did not extend to cancelling hundreds of billions in student loan principal…

We used to treat crisis as the exception. Today, it is the rule. This episode investigates how emergency governance became a permanent operating mode—reshaping democracy, law, and freedom. Governments no longer return to normal. They have learned to govern through disruption.

Drawing on Giorgio Agamben, Michel Foucault, Naomi Klein, and Edward Snowden, we trace the transformation of power across terrorism, pandemics, and economic collapse. What emerges is a deeply revealing pattern: emergency as the default strategy of control…

At the edge of law and life, Giorgio Agamben highlights a hidden paradigm of power and exclusion. A paradigm found in ancient Rome that still makes its mark on modern society. Is the rule law, or is exceptions to the law, the rule? Is modern democracy rooted in its definition? Agamben leaves us with interesting answers that may inform the future.

What can the president do in a national emergency? What limits what the president can do? What authorizes the president to do all those things he can do in a national emergency? Is the president abusing, misusing, using appropriately, or under-using emergency powers during the coronavirus crisis? And what are the logical end points for how far this could go? For this bonus edition, Benjamin Wittes got on the phone with Steve Vladeck to work through these questions and talk about all things presidential emergency powers.

In this episode from the Center for Strategic and International Studies’ podcast series “35 West,” Christopher Hernandez-Roy sits down with Steven Dudley, Co-Director of InSight Crime and author of the award-winning book MS-13: The Making of America’s Most Notorious Gang. Together, they unpack the nature of El Salvador's state of exception, what differentiates it from past hardline policies, and the threat this "Plan Bukele" poses to El Salvador and to democracies throughout the region. They also delve into the impact of both gang violence and counter-gang repression on Salvadoran citizens, and what can be done to promote lasting security in Central America.

South Korea’s Constitutional Court formally removed President Yoon Suk-yeol from office on April 4, 2025, ending a political deadlock that had gripped the country. The ruling also caps Yoon’s rapid rise from the prosecutor’s office to the presidency after he was elected in 2021 by the smallest margin in South Korean history. Yoon’s tenure as president was rocked by scandals and protests ahead of his failed declaration of martial law, a move that triggered his impeachment and eventual downfall.

Per reporting from the Associated Press, on 31 July 2025, El Salvador's Legislative Assembly pushed through a constitutional reform overnight eliminating presidential term limits, fueling concerns that it paves the way for President Nayib Bukele to indefinitely stay in power…

This video from Philosopheasy explores Giorgio Agamben's philosophy on the "state of exception," where emergency powers become a norm, allowing governments to suspend laws and exert control, as seen in situations like the war on terror and the COVID-19 pandemic.