The president of the United States, as head of the executive branch, has the authority to declare a federal state of emergency.
Learning Objective
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Explain how states of emergency apply to the Executive Branch of the U.S. government
Key Points
- A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative, and judicial powers; alert citizens to change their normal behaviors; or order government agencies to implement emergency preparedness plans.
- At least two constitutional rights are subject to revocation during a state of emergency: The right of habeas corpus, under Article 1, Section 9 and the right to a grand jury for members of the National Guard when in actual service, under the Fifth Amendment.
- The Insurrection Act of 1807 is the set of laws that govern the U.S. president's ability to deploy troops within the United States to put down lawlessness, insurrection, and rebellion.
- The National Emergencies Act set a limit of two years on emergency declarations unless the president explicitly extends them, and requires the president to specify in advance which legal provisions will be invoked.
Terms
- insurrection act of 1807
The Insurrection Act of 1807 is the set of laws that govern the president's ability to deploy troops within the United States to put down lawlessness, insurrection and rebellion.
- habeas corpus
A writ to bring a person before a court or a judge, most frequently used to ensure that a person's imprisonment, detention, or commitment is legal.
- state of emergency
A government decree that a particular situation requires the implementation of pre-arranged responses on a large scale
Source: Boundless. “Emergency Powers.” Boundless Political Science Boundless, 08 Aug. 2016. Retrieved 27 Jan. 2017 from https://www.boundless.com/political-science/textbooks/boundless-political-science-textbook/the-presidency-12/the-powers-of-the-presidency-83/emergency-powers-456-5672/
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