A state of emergency is a government declaration of an urgent, severe, or threatening situation. It grants governments broad powers that they wouldn’t otherwise have, and suspends certain rights for a limited duration of time. This is often done in the face of natural disasters like hurricanes, earthquakes or fires, but it can also be used during man-made emergencies such as riots or train derailments. It is the most common way that dictators expand their power, but it can also be seen in democratic countries with robust constitutions and independent courts.
The National Emergencies Act of 1976 was passed in order to end four never-revoked national emergencies, and to reign in the 400+ special powers granted by them to the president, legislature, and executive. Many of these powers, such as the right to use military forces without congressional approval, are now overridden by PATRIOT.
State emergency declarations typically identify the dates and duration of the emergency, the geographic areas affected by the event, and the conditions giving rise to the emergency. It will also identify the state agencies leading the response and any rules and regulations that are suspended or waived during the emergency.
It will also open a portion of the state or country’s budget normally firewalled for major events to enable quicker responses, and it will position the governor to request federal aid if local resources are insufficient. Some states require a specific statute to be in place for emergencies to be declared, while others have general statutes that can be applied to any disaster or event.
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