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date: 28 February 2021

Abstract and Keywords

This chapter examines constitutional provisions on emergency powers. It first considers references in the U.S. Constitution regarding states of emergency and emergency powers, along with questions revolving around executive powers and the president’s emergency powers. In doing so, it raises fundamental questions: What factual circumstances constitute an “emergency”? Who has the authority to declare an emergency? Once declared, for how long may the initial declaration of a state of emergency be in force? May it be renewed further? What are the effects of declaring a state of emergency and who may terminate a declared state of emergency? It then discusses Congress’s expansion and concentration of presidential powers in dealing with emergencies by way of legislation.

Keywords: emergency powers, Constitution, states of emergency, executive powers, president, Congress, presidential powers, emergencies, legislation

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