A state of emergency is a government declaration that suspends normal civil rights and allows the executive branch to put through policies that might otherwise not be possible. These policies may change the normal operations of government and/or restrict personal freedoms such as choice of residence, work, or travel. A state of emergency can be triggered by natural disaster, civil unrest, armed conflict or a biosecurity risk such as a pandemic. A state of emergency may last up to one year.
States have laws that allow their elected leaders to declare a state of emergency. These laws typically include definitions of emergencies and a process for declaring an emergency. State leaders can use state of emergency authority to provide the necessary support for communities and individuals to manage a disaster or other event and return things to normal.
At the federal level, a declaration of a national emergency gives the president powers that would not be available without this status. These powers could include shutting down domestic transportation, suspending the Clean Air Act, or commandeering private property. The Brennan Center for Justice reports that a federal state of emergency increases the power of the executive branch by removing many of the checks and balances that normally limit it.
Local governments can also declare a state of emergency to impose additional restrictions and measures in response to a natural disaster or other threat. For example, city or county officials may impose travel and gathering restrictions and control where people can go, live or work. A state of emergency can also lead to the activation of mutual aid agreements, which are formal arrangements between states to share resources during a crisis.
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