A state of emergency is a government declaration that, for the safety and security of its citizens, alters normal government operations and suspends regular civil rights. It may be declared during or after a natural disaster, civil unrest, armed conflict, biosecurity risk or epidemic (see etat de spéciale). A state of emergency can also authorize a regime to take measures to protect its national sovereignty.
The United States constitution allows a president to declare a national emergency in response to a domestic or international crisis. The issuance of such a declaration grants the president access to 130 discrete statutory powers, including the authority to shut down or control domestic transportation, suspend the Clean Air Act and seize Americans’ private property. As a result, the possibility of such abuse under an authoritarian president is real and should be of grave concern to all Americans.
To prevent such abuse, Congress should amend the enabling legislation to ensure that a state of emergency cannot be perpetuated. Several proposals, including Senator Mike Lee’s Assuring That Robust, Thorough and Informed Congressional Leadership Is Exercised Over National Emergencies Act and the Protecting Our Democracy Act, would do just that. These and other reforms should be considered by Congress in light of the growing threats to our civil liberties. Moreover, the public must be engaged in the debate about what should happen to the enabling legislation if we are to protect our democracy. See how you can help.
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