Article XXIII

This article exists because governments sometimes need temporary emergency powers to respond to crises, but history has shown that emergencies can also be used to expand governmental authority, weaken democratic institutions, and restrict individual freedoms. During times of war, terrorism, natural disasters, public health emergencies, or other crises, it is especially important to preserve constitutional limits and democratic accountability. 

This article allows government to act quickly when genuine emergencies arise while ensuring that emergency powers remain temporary, transparent, subject to oversight, and open to judicial review. By preventing indefinite emergency rule and protecting elections, civil liberties, and the separation of powers, the article helps ensure that constitutional government endures even during extraordinary circumstances.

Section 1 — Emergency Authority

Extraordinary circumstances may require temporary emergency action by government.

Emergency powers are exceptional in nature and shall be exercised only when reasonably necessary to address a genuine emergency condition that cannot be adequately managed through ordinary constitutional processes.

No emergency declaration shall suspend this Constitution, permanently or functionally expand governmental authority, alter the structure of government, or evade democratic accountability.

The provisions of this Article shall be interpreted consistent with these principles.

Section 2 — Democratic Authorization

Emergency powers shall remain temporary and shall be exercised only subject to continuing democratic authorization.

Congress shall provide by law for the prompt review of emergency declarations and for the periodic reconsideration of any emergency authority exercised pursuant thereto.

No emergency authority shall continue indefinitely through executive action, legislative inaction, procedural delay, administrative interpretation, or default.

Emergency authority shall terminate upon the expiration of the authorization provided by law unless affirmatively renewed through procedures established consistent with this Article.

Section 3 — Preservation of Constitutional Government

The constitutional institutions of democratic self-government shall remain operative during any emergency.

No emergency authority shall be exercised to suspend, postpone, cancel, materially impair, or circumvent the lawful functioning of elections, representative bodies, courts, or other constitutional institutions.

No emergency authority shall be construed to permit the indefinite extension of any elected term of office, the concentration of legislative, executive, and judicial powers in a single branch or official, or the suspension of constitutional checks and balances.

The continuity, independence, and constitutional authority of each branch of government shall be preserved throughout any period of emergency.

Nothing in this Article shall be construed to expand the circumstances under which the writ of habeas corpus may be suspended beyond those otherwise permitted by this Constitution.

Section 4 — Protection of Fundamental Rights

Emergency authority shall not be exercised in a manner inconsistent with the fundamental rights, liberties, and protections secured by this Constitution except to the minimum extent strictly necessary to address the specific emergency condition and subject to meaningful judicial review.

Any restriction upon individual liberty undertaken pursuant to emergency authority shall be narrowly tailored to the emergency condition, limited in scope and duration, and no broader than reasonably necessary to achieve a legitimate emergency objective.

No emergency authority shall be exercised for the purpose of preserving political power, suppressing electoral competition, targeting political opponents, or altering the democratic process.

Emergency authority shall not be construed to authorize the suppression of lawful political opposition, democratic participation, peaceful dissent, or the exercise of constitutional rights.

Section 5 — Transparency and Accountability

Emergency authority shall remain subject to meaningful democratic oversight and public accountability.

The Executive shall provide Congress with timely and sufficient information concerning the factual basis, legal authority, scope, and exercise of emergency powers to permit the effective exercise of legislative oversight and constitutional review.

The existence, duration, legal foundation, and general scope of emergency authority shall not be concealed from Congress or the People except to the extent narrowly necessary to protect operational security and public safety.

Classification, secrecy, executive privilege, or other claims of confidentiality shall not be used to evade the requirements of this Article or to conceal the existence or exercise of emergency powers.

Section 6 — Judicial Review and Accountability

Emergency declarations and actions undertaken pursuant thereto shall remain subject to meaningful judicial review.

The courts shall possess authority to determine whether emergency powers have been exercised consistent with this Constitution and to grant appropriate relief where violations are established.

No doctrine of law, procedure, historical practice, or executive authority shall operate to foreclose judicial review of compliance with this Article.

Congress shall provide by law for procedures sufficient to ensure timely and effective review of claims arising under this Article.

Section 7 — Rule of Construction

Nothing in this Article shall be construed to prevent the government from responding swiftly and effectively to genuine emergencies or from taking immediate action necessary to protect life, public safety, national security, or the constitutional order.

This Article shall be interpreted to preserve the government's capacity to respond to extraordinary circumstances while ensuring that all emergency authority remains temporary, proportionate, reviewable, democratically accountable, and subordinate to this Constitution.

No emergency shall be construed to create authority beyond that reasonably necessary to address the emergency condition giving rise to its exercise.

Emergency conditions shall not diminish the sovereignty of the People, suspend constitutional government, or alter the fundamental rights, liberties, and protections secured by this Constitution except as otherwise expressly provided herein.