The state of emergency is a legal status that allows government officials to mobilize additional resources to deal with a dangerous situation such as natural disasters or extensive property damage due to rioting. It can also be used to suppress internal opposition.
The declaration of a state of emergency typically activates many State programs, such as public agency purchasing processes and federal-through-state funding streams. It can also prompt the release of non-essential employees and may require that schools close.
Generally, the governor has broad discretion in deciding whether to declare a state of emergency. However, there are some statutory definitions of emergencies such as the “disaster” or “public health emergency.” The state of emergency has the potential to suspend many rights and liberties. In the United States, according to the Brennan Center for Justice, over 130 discrete statutory powers can be made available to the President during an emergency, including the ability to shut down domestic transportation and even seize private citizens’ property.
During an emergency, the Governor and State agencies are expected to use these powers to respond to the threat or situation, and not to abuse them. This is particularly important given the recent spate of executive branch abuses under an authoritarian President.