States of Emergency: The History and Legal Ramifications

Abstract

Emergencies happen globally on a daily basis, underscoring the pivotal role of governmental responses in managing these situations. The extent of a government's ability, specifically its Executive branch, to respond to an emergency can be a determining factor in disaster mitigation and future government stability. In the US, the power of the executive branch has been a longstanding issue, evident in the founders' aim to limit it and prevent a new monarchy in the Early Republic. Despite their intentions, this article highlights the significant increase of executive branch authority during times of emergencies. To explore the historical and legal foundations of State of Emergency jurisprudence, this article details how this concept developed across Europe, but more specifically in the United States. Lastly, further reforms to the doctrine as it is practiced in the United States are proposed.