Also known as: states of emergency · state-of-emergency · national emergency · emergency declaration
Written by attorneys · grounded in primary & secondary sources — see below
A formal proclamation by the executive or legislature that authorizes the temporary expansion of governmental powers to address crises such as armed conflict, natural disasters, or public health threats.
President Elena directs multiple state National Guard units into federal service for overseas training exercises. Governor Brent objects because his state faces severe flooding and has already activated the Guard for evacuations. The court upholds the order because federal authority under the Militia Clauses permits the action even when no national emergency has been declared and the governor withholds consent.
President Harper issues an entry ban on nationals from several countries after intelligence reports indicate heightened terrorism risks. Challengers argue the measure exceeds statutory authority because no formal state of emergency was declared. The court sustains the ban because the statute grants the President broad discretion to address threats to national interests without requiring an emergency proclamation.
Select any source to read its text and confirm it supports the definition.
During a steel strike that threatens military production, President Ortiz seizes the mills by executive order. Company executives contend the action is invalid because Congress never declared a state of emergency and no statute authorized the seizure. The court rejects the seizure because the President may not unilaterally take private property to resolve labor disputes even when national security concerns are asserted.
A newspaper obtains and begins publishing documents detailing government planning for an ongoing military operation. The executive seeks an injunction claiming the disclosures endanger national security during a declared state of emergency. The court refuses the injunction because the government fails to meet the heavy burden of justifying prior restraint even when sensitive information is involved.
Congress enacts an income tax to fund military operations after a major conflict. Taxpayers challenge the levy because no state of emergency was formally declared to justify the measure. The court upholds the tax because Congress possesses independent authority to raise revenue regardless of whether an emergency proclamation has been issued.
Congress enacts a statute allowing the President to reorganize agencies during a state of emergency but reserves a legislative veto over any reorganization plan. The executive challenges the veto as unconstitutional. The court invalidates the veto because it permits one House to override executive action without bicameral passage and presentment even when the statute is triggered by an emergency declaration.
No. Congress may authorize the President to order Guard units into federal service for training outside the United States without a national emergency declaration and without the governor's consent.
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Yes. When a statute contains no emergency waiver, the President may not direct non-enforcement of its terms even to address a public health crisis, because the Take Care Clause requires faithful execution of the law as written.
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No. State emergency needs do not override federal authority once Congress has authorized the President to call Guard units into federal service for training, even when the governor has already activated the units for local response.
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…of major constitutional disputes between the President and Congress over claims of the President to broad impoundment, war, and national emergency powers. The key provision of the War Powers Resolution, 50 U. S. C. § 1544(c), authorizes the termination by concurrent resolution of the use of armed forces in hostilities. A similar…