FACTOID # 10: The total number of state executions in 2005 was 60: 19 in Texas and 41 elsewhere. The racial split was 19 Black and 41 White.
 
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Encyclopedia > Emergency powers

A state of emergency is a governmental declaration that may suspend certain normal functions of government, may work to alert citizens to alter their normal behaviors, or may order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending civil liberties. Such declarations usually come during a time of natural disaster, during periods of civil unrest, or following a declaration of war. Civil liberties are protections from the power of governments. ... A natural disaster is the consequence or effect of a hazardous event, occurring when human activities and natural phenomenon (a physical event, such as a volcanic eruption, earthquake, landslide etc. ... Civil disorder is a broad term that is typically used by law enforcement to describe one or more forms of disturbance. ... A Declaration of War is a formal declaration issued by a national government indicating that a state of war exists between that nation, and one or more others. ...


In some countries, the state of emergency and its effects on civil liberties and governmental procedure are regulated by the constitution or a law that limits the powers that may be invoked during an emergency or rights suspended (e.g. Art. 2-B Executive Law of New York state) It is also frequently illegal to modify the emergency law or Constitution during the emergency (e.g. Basic Law of the Federal Republic of Germany, Chapter Xa, Atricle 115e, section 2). Corruption Jurisprudence Philosophy of law Law (principle) List of legal abbreviations Legal code Intent Letter versus Spirit Natural Justice Natural law Religious law Witness intimidation Legal research External links Wikibooks Wikiversity has more about this subject: School of Law Look up law in Wiktionary, the free dictionary Law, Legal Definitions... E.G. is an Australian only release EP from New Zealand four piece Goodshirt. ... State nickname: Empire State Other U.S. States Capital Albany Largest city New York Governor George Pataki Official languages None Area 141,205 km² (27th)  - Land 122,409 km²  - Water 18,795 km² (13. ... The Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of modern Germany. ...

Contents


Use

Though fairly uncommon in democracies, dictatorial regimes often declare a state of emergency that is prolonged indefinitely as long as the regime lasts. In some situations, martial law is also declared, allowing the military greater authority to act. Dictatorship, in contemporary usage, refers to absolute rule by leadership unrestricted by law, constitutions, or other social and political factors within the state. ... Martial law is the system of rules that takes effect (usually after a formal declaration) when a military authority takes control of the normal administration of justice (and usually of the whole state). ...


Some political theorists have argued that the power to declare a state of emergency is the most fundamental power of government, and that knowing who decides on declaring a state of emergency in a given country or territory tells you a lot about where the real power in that country or territory is located, even if the country's constitution paints a different image on the surface. Niccolò Machiavelli, ca 1500, became the key figure in realistic political theory, crucial to political science Political Science is the systematic study of the allocation and transfer of power in decision making. ...


Separate countries

The United States

Federal

A federal emergency declaration allows the Federal Emergency Management Agency (FEMA) to exercise its power to deal with emergency situations; federal assistance also become available to areas that are declared to be in a state of emergency. For FEMA, emergency declarations are different from the more common disaster declarations done for hurricanes and floods. The U.S. Constitution, adopted in 1789 by a constitutional convention, sets down the basic framework of American government in its seven articles. ... New FEMA seal The Federal Emergency Management Agency or FEMA is an agency of the United States government dedicated to swift response in the event of disasters, both natural and man-made. ...


In the United States, the chief executive is typically empowered to declare a State of Emergency. The President of the United States, a governor of a state, or even a local mayor may declare a State of Emergency within his or her jurisdiction. This is relatively rare at the federal level, but quite common at the state level in response to natural disasters. Chief Executive may refer to: Chief Executive of Hong Kong Chief Executive of Macau Chief Executive Officer This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... Seal of the President of the United States The President of the United States is the head of state of the United States. ... A governor is also a device that regulates the speed of a machine. ... A mayor (from the Latin maÄ«or, meaning larger,greater) is the politician who serves as chief executive official of some types of municipalities. ... In law, jurisdiction refers to the aspect of a any unique legal authority as being localized within boundaries. ...


Typically, a state of emergency empowers the executive to name coordinating officials to deal with the emergency and to override normal administrative processes regarding the passage of administrative rules.


The courts in the United States are often very lenient in allowing almost any action to be taken in the case of such a declared emergency, if it is reasonably related. For example, habeas corpus is the right to challenge an arrest in court. The U.S. Constitution says, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." In English Common Law habeas corpus refers to a variety of writs by which courts order the presence of persons in court or determine the lawful authority of the state to imprison persons. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme...


Habeas corpus was suspended on April 27, 1861 during the American Civil War by Abraham Lincoln in parts of midwestern states, including southern Indiana. He did so in response to demands by generals to set up military courts to rein in "copperheads", or those in the Union who supported the Confederate cause. Lambdin Milligan and four others were accused of planning to steal Union weapons and invade Union prisoner-of-war camps and were sentenced to hang by a military court in 1864. However, their execution was not set until May 1865, so they were able to argue the case after the Civil War. It was decided in the Supreme Court case Ex Parte Milligan 71 US 2 1866 that the suspension was unconstitutional because civilian courts were still operating, and the Constitution (according to the Court) only provided for suspension of habeas corpus if these courts are actually forced closed. In English Common Law habeas corpus refers to a variety of writs by which courts order the presence of persons in court or determine the lawful authority of the state to imprison persons. ... April 27 is the 117th day of the year (118th in leap years) in the Gregorian Calendar, with 248 days remaining. ... 1861 is a common year starting on Tuesday. ... The American Civil War was fought in the United States from 1861 until 1865 between the United States – forces coming mostly from the 23 northern states of the Union – and the newly-formed Confederate States of America, which consisted of 11 southern states that had declared their secession. ... Order: 16th President Vice President: Hannibal Hamlin (1861-1865); Andrew Johnson (1865) Term of office: March 4, 1861 – April 15, 1865 Preceded by: James Buchanan Succeeded by: Andrew Johnson Date of birth: February 12, 1809 Place of birth: Hardin County, Kentucky (now in LaRue County) Date of death: April 15... Midwest States (United States of America, ND to OH) The Midwest is a common name for a region of the United States of America. ... State nickname: The Hoosier State Other U.S. States Capital Indianapolis Largest city Indianapolis Governor Mitch Daniels (R) Official languages English Area 94,321 km² (38th)  - Land 92,897 km²  - Water 1,424 km² (1. ... The Copperheads were a group of Northern Democrats who opposed the American Civil War, wanting an immediate peace settlement with the Confederates. ... For other meanings of confederate and confederacy, see confederacy (disambiguation) National Motto Deo Vindice (Latin: Under God our Vindicator) Official language English de facto nationwide Various European and Native American languages regionally Capital Montgomery, Alabama February 4, 1861–May 29, 1861 Richmond, Virginia May 29, 1861–April 9, 1865 Largest... A Prisoner-of-war camp is a site for the containment of persons captured by the enemy in time of war. ... 1864 was a leap year starting on Friday (see link for calendar). ... Seal of the Supreme Court The Supreme Court of the United States is the highest federal court in the United States of America. ... Ex Parte Milligan, 71 U.S. 2 (1866) was an important United States Supreme Court case involving civilians and military tribunals. ...


The United Kingdom

In the UK the monarch or a Senior Minister may make emergency regulations under the Civil Contingencies Act 2004 if there is a serious threat to human welfare or the environment or in case of war or terrorism. These last for seven days unless confirmed by Parliament. A monarch is a type of ruler or head of state, whos titles and ascention are inherited, not earned, and represents a larger monarchical system which has established rules and customs regarding succession, duties, and powers. ...


Spain

In Spain there are three degrees of state of emergency (estado de emergencia in Spanish): alerta (alert), excepción (exception[al circumstance]) and sitio (siege). They are named by the constitution, which limits which rights may be suspended, but regulated by the "Ley Orgánica 4/1981" (Organic Law).


Germany

In the FRG the emergency legislature (passed in 1968 despite fierce opposition by the German student movement) states that the basic constitutional rights of the Grundgesetz may be limited in case of a state of defence, a state of tension, or an internal state of emergency or disaster. The German Emergency Acts were passed on 30 May 1968 at the time of the Grand Coalition between the Social Democratic Party of Germany and the Christian Democratic Union of Germany. ... 1968 was a leap year starting on Monday (the link is to a full 1968 calendar). ... The German student movement was a protest movement that took place during the late 1960s in Germany. ... The Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of modern Germany. ...


Canada

The federal government of Canada can use the Emergencies Act to invoke a state of emergency. A national state of emergency automatically expires after 90 days. The Emergencies Act replaced the War Measures Act in 1988. The War Measures Act has been invoked three times in Canadian history, most controversially during the FLQ Crisis. A state of emergency can also be declared by provincial, territorial, and municipal governments (more information). System of government Canada is a constitutional monarchy as a Commonwealth Realm (see Monarchy in Canada) with a federal system of parliamentary government, and strong democratic traditions. ... The Emergencies Act is an Act of the Government of Canada to authorize the taking of special temporary measures to ensure safety and security during national emergencies and to amend other Acts in consequence thereof the Parliament of Canada. ... The War Measures Act was a Canadian statute that allowed the government to assume sweeping emergency powers. ... The War Measures Act was a Canadian statute that allowed the government to assume sweeping emergency powers. ... The October Crisis was a series of dramatic events triggered by two terrorist kidnappings that occurred in Quebec, Canada, during the month of October, 1970. ...


Examples

Ongoing

The Six-Day War (Hebrew: Milhemet Sheshet Hayamim - מלחמת ששת הימים), also known as the 1967 Arab-Israeli War, Six Days War, or June War, was fought between Israel and its Arab neighbors Egypt, Jordan, and Syria. ... The Sultanate of Brunei, more commonly referred to as Brunei Darussalam or simply Brunei, is an oil-rich country located on the island of Borneo, in southeast Asia. ... December 12 is the 346th day (347th in leap years) of the year in the Gregorian calendar. ... 1962 was a common year starting on Monday (link will take you to calendar). ... Categories: Stub | Swazi monarchs | 1899 births | 1982 deaths ... April 12 is the 102nd day of the year in the Gregorian calendar (103rd in leap years). ... 1973 was a common year starting on Monday. ... (Redirected from 1948 War of Independence) The 1948 Arab-Israeli War, called the War of Independence by Israelis and al Nakba the catastrophe by Arabs, was the first in a series of wars in the Arab-Israeli conflict. ... May 19 is the 139th day of the year in the Gregorian Calendar (140th in leap years). ... 1948 is a leap year starting on Thursday (link will take you to calendar). ... Baath Party flag The Ba‘ath Parties (also spelled Baath or Ba‘th; Arabic: اﻟﺒﻌﺚ) comprise political parties representing the political face of the Ba‘ath movement. ... March 8 is the 67th day of the year in the Gregorian Calendar (68th in Leap years). ... 1963 was a common year starting on Tuesday (link will take you to calendar). ...

Past SoEs

In India, Indira Gandhi declared a state of emergency in 1975 in response to political opposition and her own conviction on charges of electoral fraud. The Emergency lasted for 19 months; see Indian Emergency. Friday is the day of the week between Thursday and Saturday. ... April 15 is the 105th day of the year in the Gregorian calendar (106th in leap years). ... Quito is the capital city of Ecuador in northwestern South America. ... In politics a capital (also called capital city or political capital — although the latter phrase has an alternative meaning based on an alternative meaning of capital) is the principal city or town associated with its government. ... Ryongchŏn is a city in North Korea. ... State nickname: Wolverine State or Great Lakes State Other U.S. States Capital Lansing Largest city Detroit Governor Jennifer Granholm (D) Official languages English Area 250,941 km² (11th)  - Land 147,255 km²  - Water 103,687 km² (41. ... State nickname: The Buckeye State Other U.S. States Capital Columbus Largest city Columbus Governor Bob Taft (R) Official languages None Area 116,096 km² (34th)  - Land 106,154 km²  - Water 10,044 km² (8. ... State nickname: Empire State Other U.S. States Capital Albany Largest city New York Governor George Pataki (R) Official languages None (English is de facto) Area 141,205 km² (27th)  - Land 122,409 km²  - Water 18,795 km² (13. ... Motto: Ut Incepit Fidelis Sic Permanet (Loyal it began, loyal it remains) Other Canadian provinces and territories Capital Toronto Largest city Toronto Lieutenant Governor James K. Bartleman Premier Dalton McGuinty (Liberal) Area 1,076,395 km² (4th)  - Land 917,741 km²  - Water 158,654 km² (14. ... A massive power outage produced a blackout in parts of the northeastern United States and eastern Canada on Thursday, August 14, 2003. ... West Nile virus is a newly emergent virus of the family Flaviviridae, found in both tropical and temperate regions. ... Mato Grosso is one of the states of Brazil, located in the western part of the country. ... Serbia and Montenegro  â€“ Serbia    â€“ Kosovo and Metohia        (UN administration)    â€“ Vojvodina  â€“ Montenegro Official language Serbian1 Capital Belgrade Area  â€“ Total  â€“ % water  88,361 km²  n/a Population  â€“ Total (2002)     (without Kosovo)  â€“ Density  7. ... Zoran ĐinÄ‘ić Zoran ĐinÄ‘ić  listen? (often Zoran Djindjic, from Serbian Cyrillic: Зоран Ђинђић) (August 1, 1952 – March 12, 2003) was Serbian prime minister, long-time opposition politician and philosopher by profession. ... Saint Basils Cathedral Moscow (Russian/Cyrillic: Москва́, IPA:   listen?) is the capital of Russia, located on the river Moskva, and encompassing 1097. ... The September 11, 2001, attacks were a series of coordinated attacks carried out in the United States on Tuesday, September 11, 2001. ... Moldavia (Moldova in Romanian) was a Romanian principality, originally created in the Middle Ages, now divided between Romania, Moldovan Republic and Ukraine. ... Indira Gandhi (इन्दिरा प्रियदर्शिनी गान्धी) (19 November 1917 – 31 October 1984) was Prime Minister of India from 19 January , 1966 to 24 March , 1977, and from 14 January , 1980 until her assassination in 1984. ... 1975 was a common year starting on Wednesday (the link is to a full 1975 calendar). ... The Emergency was the darkest period of Indian history when Prime Minister Indira Gandhi declared a state of emergency and effectively ruled by decree for nineteen months between 1975-1977. ...


In United States history, there have been multiple federal states of emergency declared, some of which have never technically been ended. With legislation initiated during Nixon's presidency and signed into law by President Ford administration, the U.S. Congress effectively ended the outstanding states of emergency by making the statutory provisions which are activated by such a declaration dormant. The same legislation also requires a separate declaration for each new emergency for the extra powers to come into effect, the statutes providing the additional powers will once again become dormant automatically in two years, with or without a cancellation of the previous emergency. The oldest declaration still technically in effect was issued March 9, 1933 by President Roosevelt during his first two days in office so that he could impose a "bank holiday" during the Great Depression Pre-Colonial America For details, see the main Pre-Colonial America article. ... Order: 37th President Vice President: Spiro Agnew (1969–1973), Gerald R. Ford (1973–1974) Term of office: January 20, 1969 – August 9, 1974 Preceded by: Lyndon B. Johnson Succeeded by: Gerald R. Ford Date of birth: January 9, 1913 Place of birth: Yorba Linda, California Date of death: April 22... Order: 38th President Vice President: Nelson A. Rockefeller Term of office: August 9, 1974 – January 20, 1977 Preceded by: Richard Nixon Succeeded by: Jimmy Carter Date of birth: July 14, 1913 Place of birth: Omaha, Nebraska First Lady: Betty Ford Political party: Republican Gerald Rudolph Ford, Jr. ... Seal of the Congress. ... March 9 is the 68th day of the year in the Gregorian Calendar (69th in Leap years). ... 1933 was a common year starting on Sunday (link will take you to calendar). ... Order: 32nd President Vice President: John N. Garner Henry A. Wallace Harry S. Truman Term of office: March 4, 1933 – April 12, 1945 Preceded by: Herbert Hoover Succeeded by: Harry S. Truman Date of birth: January 30, 1882 Place of birth: Hyde Park, New York Date of death: April 12... The Great Depression was a massive global economic recession (or depression) that ran from 1929 to 1941. ...

March 18 is the 77th day of the year in the Gregorian calendar (78th in leap years). ... 1907 was a common year starting on Tuesday (see link for calendar). ... Moldavia (Moldova in Romanian) was a Romanian principality, originally created in the Middle Ages, now divided between Romania, Moldovan Republic and Ukraine. ... Map of Romania with Wallachia in yellow. ... The 1907 Romanian Peasants Revolt took place in March 1907 in Moldavia and it quickly spread reaching Wallachia. ...

See also

A Declaration of War is a formal declaration issued by a national government indicating that a state of war exists between that nation, and one or more others. ... Martial law is the system of rules that takes effect (usually after a formal declaration) when a military authority takes control of the normal administration of justice (and usually of the whole state). ... Search and seizure is a legal tool of US law whereby police who suspect that a crime has been committed may do a search of the property. ... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ...

External links

Other uses

State Of Emergency is also a Video Game by Rockstar Games in which players rebel against a shadowy corporation. State Of Emergency is a video game. ... A computer game is a game composed of a computer-controlled virtual universe that players interact with in order to achieve a defined goal or set of goals. ... Rockstar Games is the umbrella name for video game development studios acquired by the game publisher Take Two Interactive. ...


  Results from FactBites:
 
Edwin Vieira, Jr. -- Don't Fall For The Bunkum of "Emergency Powers" - Part 1 (1384 words)
The modern doctrine of “emergency powers” is striking because—unlike the authority of the ancient Roman Senate to appoint a dictator—“emergency powers” lack both a specific source in the Constitution and a definition.
Its grants of power to the Federal Government and its limitations of the power of the States were determined in the light of emergency and they are not altered by emergency.
If such powers actually existed, their proponents would not have to append the desperate adjective “emergency.” The real “emergency” that confronts Americas in every such case is the lust of aspiring and conspiring usurpers and tyrants for powers that We the People have withheld from all public officials, doubtlessly for good and sufficient reasons.
CAIN: HMSO: Emergency Powers Act (Northern Ireland), 1926 (6 May 1926) (364 words)
A proclamation of emergency shall continue in force until revoked by the said Governor.
A.D. The powers conferred by this Act shall be in addition to, and not in derogation of, any powers conferred upon an authority of the Government of Northern Ireland by, or in pursuance of, the Civil Authorities (Special Powers) Act (Northern Ireland), 1922.
This Act may be cited as the Emergency Powers Act (Northern Ireland), 1926.
  More results at FactBites »

 
 

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