Skip to content
Search

Latest Stories

Top Stories

Just the Facts: Trump’s National Emergency Executive Orders: Key Actions, Legal Challenges, and Historical Precedents

News

Just the Facts: Trump’s National Emergency Executive Orders: Key Actions, Legal Challenges, and Historical Precedents

U.S. President Donald Trump signs an executive order in the Oval Office at the White House on April 23, 2025 in Washington, DC.

Getty Images, Chip Somodevilla

The Fulcrum strives to approach news stories with an open mind and skepticism, striving to present our readers with a broad spectrum of viewpoints through diligent research and critical thinking. As best we can, we remove personal bias from our reporting and seek a variety of perspectives in both our news gathering and selection of opinion pieces. However, before our readers can analyze varying viewpoints, they must have the facts.

Has President Trump issued several executive orders based on national emergency declarations, and if so, which ones are they?


  • National Energy Emergency: Declared on his first day in office, this order aims to fast-track oil and gas projects, but it's facing legal challenges from multiple states.
  • Trade Emergency: Trump invoked the International Emergency Economic Powers Act (IEEPA) to impose tariffs on foreign trade, citing a national emergency caused by large trade deficits.
  • Forest Logging Emergency: In March 2025, the Trump administration issued an executive order declaring a national emergency to expedite logging on over 112 million acres of national forest land. The emergency designation allows logging projects to proceed with fewer regulatory hurdles, limiting challenges from environmental groups and local governments. Scientists and conservationists have raised concerns that this approach could actually increase fire risks rather than mitigate them.
  • Immigration and the Southern Border: Trump has declared a national emergency at the southern border to justify his mass deportation efforts. His administration has invoked the Alien Enemies Act to expedite the removal of suspected gang members, particularly Venezuelan nationals. Additionally, Trump has confirmed plans to use military assets to assist with deportations under this emergency declaration.

Are any of the executive orders that invoke a national emergency facing legal challenges?

Several of Trump's executive orders that invoke a national emergency are facing legal challenges. For example, a group of small businesses has petitioned a U.S. court to block tariffs imposed under a national emergency declaration, arguing that Trump exceeded his authority. Additionally, California Attorney General Rob Bonta and a coalition of attorneys general have filed a lawsuit against Trump's executive order declaring a "national energy emergency," alleging that it unlawfully fast-tracks fossil fuel projects while bypassing environmental protections.

There are multiple lawsuits challenging various executive actions, and a litigation tracker estimates that over 230 cases have been filed against Trump administration policies.

Have previous presidents ever invoked national emergencies for executive orders?

Many U.S. presidents have issued executive orders based on national emergency declarations. A few notable examples are:

  • Franklin D. Roosevelt (1933) – Declared a national emergency to close banks temporarily, stabilizing the financial system during the Great Depression.
  • Harry Truman (1950) – Declared a national emergency during the Korean War, allowing the government to mobilize resources for military production.
  • Richard Nixon (1971) – Used emergency powers to impose wage and price controls to combat inflation.
  • George W. Bush (2001) – Declared a national emergency after the 9/11 attacks, expanding surveillance and counterterrorism measures.
  • Barack Obama (2009) – Declared a national emergency in response to the H1N1 flu pandemic, allowing hospitals to bypass certain regulations.

Has the Supreme Court in past history defined in some manner what a national emergency is?

The Supreme Court has ruled on cases that clarify what qualifies as a national emergency. One recent case, Feliciano v. Department of Transportation, addressed whether federal employees serving in the military during a national emergency are entitled to extra pay. The Court ruled that service during an emergency qualifies for differential pay, even if the service isn’t directly tied to the emergency.

Historically, the Court has weighed in on presidential emergency powers. Some examples are:

  • Youngstown Sheet & Tube Co. v. Sawyer (1952) – The Court ruled that President Truman could not seize steel mills during the Korean War, stating that emergency powers must be explicitly granted by Congress.
  • Trump’s Tariff Cases (2025) – Several lawsuits challenge Trump's use of the International Emergency Economic Powers Act (IEEPA) to justify tariffs. Courts are reviewing whether his emergency declarations meet legal standards.

Has the Supreme Court ever ruled against a president for the use of a national emergency as the reason for an executive order?

The Supreme Court has ruled against presidents who have invoked national emergencies to justify executive orders. One notable example is Youngstown Sheet & Tube Co. v. Sawyer (1952), where the Court struck down President Harry Truman’s executive order to seize steel mills during the Korean War. Truman argued that the seizure was necessary to prevent a labor strike from disrupting steel production, which was vital for national defense. However, the Court ruled that the president did not have the authority to take such action without congressional approval.

More recently, legal challenges have emerged regarding President Donald Trump’s executive orders, including his “ Declaring a National Energy Emergency” order, which has been challenged by multiple states for allegedly misusing emergency powers. Courts have also blocked various executive actions related to immigration and national security, questioning whether they were legitimate uses of emergency authority.

What is a primary court argument Trump has used to justify declaring a national emergency to justify some of his executive orders?

Trump has argued that his national emergency declarations are justified based on his executive authority, but courts are actively reviewing whether his claims hold legal weight. For example, a three-judge panel at the U.S. Court of International Trade recently questioned whether Trump had the authority to impose tariffs under a national emergency declaration, with businesses arguing that only Congress has the power to levy tariffs.


David Nevins is co-publisher of the Fulcrum and co-founder and board chairman of the Bridge Alliance Education Fund.

Read More

divided Congress

Capitol Hill

zimmytws/Getty Images

Congress Must Reclaim Its Constitutional Authority Over Trade

This op-ed is part of a series laying out a cross-partisan vision to restore congressional authority as outlined in Article I of the Constitution and protect our system of checks and balances.

Our Founders deliberately placed the power to “regulate commerce with foreign nations” with Congress for a reason. The legislative branch, closest to the people, was always intended to decide the terms of our economic relationships with the world because trade policy has always been about more than tariffs – it shapes our economy, our diplomacy, and our national security.

Keep ReadingShow less
Guatemalan Children Face Fast-Track Deportation in South Texas
Young boy looking through metal bars

Guatemalan Children Face Fast-Track Deportation in South Texas

After returning to office, President Donald Trump swiftly revived immigration tactics that defined his first term—most notably, fast-track deportations of unaccompanied children. Framed as a deterrent to migration from Central America, the policy has reignited clashes between federal agencies, the courts, and child advocacy groups.

At the heart of the legal battle is the obligation to protect minors under the 1997 Flores settlement, which limits detention duration and mandates access to basic care. Immigration authorities argue they must also enforce removal orders when children lack legal grounds to remain. This tension has triggered a cycle of shifting policies, emergency lawsuits, and last-minute judicial interventions.

Keep ReadingShow less
Is Increased Military Presence at the Border Effective for Public Safety?

A military Stryker is parked along the Rio Grande River in Laredo, Texas, to support immigration enforcement at the southwest border.

Picture provided

Is Increased Military Presence at the Border Effective for Public Safety?

LAREDO, Texas — The Trump administration has deployed military Strykers to the southwest border, ramping up immigration enforcement in ways unseen during the Biden administration and more visible to local communities.

In Laredo, Texas, one Army Stryker – an eight-wheeled armored vehicle used in military operations – is stationed in front of the Rio Grande River, a stone’s throw from Mexico and steps from a city park. It’s parked underneath the pedestrian bridge that connects Laredo to its sister city, Nuevo Laredo, Mexico.

Keep ReadingShow less
Loneliness, Gun Violence, and the American Abdication

Loneliness and gun violence are twin crises eroding America’s social fabric. Rev. Dr. F. Willis Johnson explores how isolation, easy access to firearms, and political paralysis threaten life, liberty, and belonging.

Getty Images, Tetra Images

Loneliness, Gun Violence, and the American Abdication

We are a nation unmoored from itself, where loneliness spreads faster than any virus and gun violence stalks our communities with metronomic certainty. The numbers, at this point, are almost numbing. But the ache they represent is not.

Loneliness is an epidemic. Once considered a private crisis, loneliness has metastasized into a public health catastrophe. Former U.S. Surgeon General Vivek Murthy believed loneliness "as dangerous as smoking fifteen cigarettes a day." We keep scrolling, liking, streaming, and yet so many of us are left feeling profoundly alone. Aloneness is not simply a byproduct of excessive technology or social media engagement, though these play their part. Unfortunately, Americans worship individualism, giving way to the fraying of communal threads. To paraphrase my friend, Eric Liu, executive leader of Citizen University, we are witnessing the fading of shared spaces and the thinning of civic ties and bonds of mutual affection. Thus, as we drift apart, violence fills the space more and more.

Keep ReadingShow less