Pursuant to constitutional and statutory authority, when presented with credible evidence or actionable intelligence indicating an imminent threat to national security whether foreign or domestic—the President of the United States is authorized to take immediate and necessary actions to protect the nation, including the exercise of emergency powers under Article II of the U.S. Constitution, the National Emergencies Act (50 U.S.C. § 1601 et seq.), and the International Emergency Economic Powers Act (50 U.S.C. §§ 1701–1708). Additionally, under 42 U.S.C. § 5191(a), the President may declare a national emergency and direct federal assistance and protective measures as necessary. While the term "eminent domain" refers specifically to the government's power to take private property for public use under the Fifth Amendment, the President’s authority in this context refers more broadly to national defense and homeland security powers.
Key Authorities Referenced:
Article II, U.S. Constitution – Establishes the President as Commander in Chief.
National Emergencies Act (50 U.S.C. § 1601 et seq.) – Grants the President authority to declare a national emergency.
International Emergency Economic Powers Act (IEEPA), 50 U.S.C. §§ 1701–1708 – Authorizes the President to regulate commerce in response to a threat.
Stafford Act, 42 U.S.C. § 5191(a) – Permits declaration of emergency and mobilization of federal resources.
U.S. Const. amend. V (Takings Clause) – Covers “eminent domain,” but is distinct from the President’s emergency defense powers.
