Under Exception, Issue 8
It's closer than you think.
March 5, 2026
Dear Readers,
This edition brings together several developments that shed light on how emergency powers are being defined, challenged, and institutionalized across contemporary political systems. In the United States, the Supreme Court’s decision limiting the use of the International Emergency Economic Powers Act to impose tariffs clarifies an important statutory boundary on executive authority while leaving broader questions about the structure of emergency governance unresolved. Internationally, South Korea’s sentencing of former president Yoon Suk Yeol following his attempted use of martial law and Guatemala’s recent state of siege in response to gang violence illustrate the varied ways constitutional systems confront the exercise of extraordinary power in moments of crisis. We also highlight new academic research, commentary, and media discussions that contribute to the Institute’s continuing effort to map the evolving legal and political landscape of emergency governance worldwide.
Ed Bogan
Founder, Institute for the Study of States of Exception
ISSE Announcements
We have successfully transitioned our Under Exception newsletter series to Substack. In the months ahead, readers can expect expanded original analysis from ISSE, along with a range of forthcoming proprietary research products. We will also continue curating high-quality third-party material that we believe will be valuable to our community. As always, we welcome your feedback and suggestions as we continue developing this platform into a more interactive space for discussion and engagement.
Our next ISSE Office Hours is scheduled for Thursday, March 19, 2026. Additional details, including the discussion topic and time, will be shared next week. If there are topics you would like us to address in future sessions, please let us know.
Global Events
A curated selection of recent developments involving emergency powers and constitutional governance.
Emergency Tariffs and the Supreme Court: The IEEPA Decision (updated, ISSE, February 2026). The Supreme Court ruled 6–3 that the International Emergency Economic Powers Act (IEEPA) does not authorize the president to impose tariffs, rejecting the administration’s use of the statute to justify sweeping trade measures. Writing for the majority, Chief Justice Roberts held that while IEEPA permits broad regulation of economic transactions during national emergencies, the power to levy tariffs remains constitutionally vested in Congress and cannot be inferred from general statutory language. The Court also applied the Major Questions Doctrine to emergency powers in the foreign affairs context, signaling that Congress must clearly authorize delegations of economic authority of such magnitude.
The IEEPA Decision and the Architecture of Emergency Governance: A Partial Check on Executive Power - ISSE Analysis (ISSE, February 2026). The Supreme Court’s decision in Learning Resources, Inc. v. Trump blocks the use of the International Emergency Economic Powers Act to impose tariffs, drawing an important statutory boundary around executive emergency authority. But the ruling turns on textual limits, not on scrutiny of the underlying emergency itself. As a result, while the Court prevented one expansion of presidential power, it left intact the broader architecture through which emergency declarations can accumulate authority over time. The case illustrates a central tension in contemporary governance: judicial intervention may constrain specific statutory overreach, even as the structural normalization of emergency power continues.
Former South Korea President sentenced to life in prison (Jurist News, February 2026). Former South Korean president Yoon Suk Yeol has been sentenced to life imprisonment after a Seoul court found him guilty of leading an insurrection tied to his December 3, 2024 declaration of martial law. The court ruled that his deployment of military and police forces against the National Assembly, reportedly including orders to blockade parliament and detain senior political leaders, constituted an unlawful attempt to subvert the constitutional order. Prosecutors had sought the death penalty, but the court imposed life imprisonment with hard labor, marking one of the most consequential judicial rebukes of executive overreach in South Korea’s democratic history.
Guatemala’s 2026 State of Siege: Crisis, Authority, and the Boundaries of the Ordinary - ISSE Analysis (ISSE, February 2026). In January 2026, Guatemala declared a 30-day state of siege following prison riots and coordinated attacks linked to the transnational gang Barrio 18 that left 11 police officers dead. Ratified by Congress, the emergency temporarily expanded police and military authority before transitioning into a nationwide state of prevention once the siege expired. Government officials reported significant security gains, including mass arrests, major drug seizures, and reductions in extortion and homicide. This analysis examines the episode through the lens of the state of exception, exploring how constitutional democracies authorize extraordinary powers in moments of crisis and how such measures, though formally temporary, can reshape the boundary between emergency authority and ordinary law.
Additional Resources
Selected commentary and analysis relevant to the evolving law of emergency powers.
The Hidden Nondelegation Issue Raised by Trump v. Slaughter (Lawfare, February 2026). The Supreme Court’s consideration of Trump v. Slaughter raises questions that extend beyond the immediate issue of agency removal protections. In a Lawfare article entitled The Hidden Nondelegation Issue Raised by Trump v. Slaughter, Michael R. Dreeben explores whether overturning Humphrey’s Executor might revive limits on congressional delegation as a counterbalance to expanded presidential authority. Building on Dreeben’s analysis, ISSE examines how weakening agency independence could reshape the institutional architecture through which emergency powers are exercised.
Academic Literature
Recent scholarship examining the theory and practice of emergency governance.
The Political Economy of Emergency: Postcolonialism, Crisis Governance and Decolonial Alternatives (Hope Johnson, Journal of Law and Society, February 2026). This article examines how the Horn of Africa is persistently framed through narratives of crisis and emergency that shape both international policy and regional governance. Drawing on postcolonial theory and case studies of Somalia and South Sudan, the author argues that these crisis narratives can obscure deeper structural problems while reinforcing cycles of dependency and external intervention rooted in colonial legacies. The article ultimately calls for rethinking governance beyond the language of perpetual emergency, advocating approaches grounded in African political traditions that prioritize local sovereignty and sustainable autonomy.
Podcasts and Videos
Discussions and interviews exploring the legal and political dynamics of exceptional authority.
Supreme Court Rules Trump’s Tariffs Unlawful Under IEEPA (National Constitution Center, February 2026). On February 20, the U.S. Supreme Court ruled that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs under a declaration of economic emergency, rejecting President Trump’s sweeping tariff measures in Learning Resources, Inc. v. Trump and a consolidated case. While the Justices agreed that IEEPA does not confer tariff authority, they differed over the reasoning and implications of the decision. In this National Constitution Center podcast, constitutional scholars Zachary Shemtob and Ilya Somin discuss the ruling and what it may signal about the future limits of presidential emergency power.
Former South Korean President Yoon Suk Yeol handed life sentence — but spared death penalty (Channel 4 News, UK). Former South Korean president Yoon Suk Yeol has been sentenced to life imprisonment after a failed six-hour declaration of martial law in December 2024 led to his conviction for insurrection. Although martial law is constitutionally permitted under certain emergency conditions, his attempt to deploy it in response to domestic political pressures triggered deep national controversy and polarization. The subsequent arrest, prosecution, and sentencing through established legal processes provide a striking case study of how emergency powers can be invoked, contested, and ultimately constrained within a constitutional system.
ISSE in the News
Recent interviews, commentary, and appearances involving the Institute.
Why Emergency Powers Are Democracy’s Stress Test (The Recursive, December 2025). In this interview with journalist Teodora Atanasova of The Recursive, ISSE Founder and Governing Board Chair Ed Bogan discusses the growing global reliance on emergency powers and the risks they pose to democratic governance. While most constitutions permit temporary emergency measures to respond to crises, Bogan warns that such authorities are increasingly used to consolidate power, suppress dissent, and weaken democratic accountability. The conversation also introduces the mission of ISSE, which examines how exceptional powers migrate into ordinary governance and reshape the boundaries of constitutional authority.
ISSE discussed with Adam Kinzinger (Adam Kinzinger podcast, February 2026). In this February 2026 podcast discussion with Adam Kinzinger entitled “Former CIA Ops Chief on Ukraine, Munich, and the U.S. Europe Shift,” ISSE’s Ed Bogan talks about a range of topics including what he saw and heard at the 2026 Munich Security Conference, the current trajectory for Ukraine in its fight against Russia, and of course, ISSE.
About ISSE
The Institute for the Study of States of Exception tracks and analyzes the use and misuse of emergency powers around the world, providing research and analysis on how exceptional authority shapes modern governance.