What is a State of Emergency?

A state of emergency is an official declaration that gives a government sweeping powers to act quickly in situations of civil unrest, natural disasters, armed conflict, or a medical pandemic or epidemic. In some cases, it allows for derogations from human rights provisions and a suspension of constitutional guarantees in the name of public safety. The declaration also allows for the mobilization of military forces.

In the US, the President can declare a state of emergency during a national crisis or if a public health threat has been identified. These states of emergency give the executive branch increased power and fewer constraints on its actions, which can include restricting travel or commerce, issuing curfews, instituting rationing, or even mobilizing the National Guard. In addition, federal funding and other resources are made available to state governments.

At the state level, governors can also issue emergency declarations that allow them to make regulations for their areas. These can include enforcing curfews or imposing rationing to protect property. They can also command labor and vehicles to address the effects of natural or man-made disasters. These measures are typically limited in duration and may require legislative approval to continue or be rescinded.

Whether a Governor or the President is able to make these regulations depends on the circumstances at hand. It is important for local governments to understand the requirements of their own state for declaring emergencies and the powers that do/do not flow from these declarations. In addition, businesses should address workplace policies for employees unable to work during a state of emergency on an individual basis.