What is emergency in the United States, who and how it may introduce?

In most modern States the legal concept of regime «state of emergency» is clearly prescribed the special articles of the Constitution and special laws, where there is a clear mechanism for the introduction of this regime, and firmly stated who and on what grounds can this mechanism include. USA is an exception, where a special separate General law about the incident.

What is emergency in the United States, who and how it may introduce?In the United States already has about 30 regimes of state of emergency, giving emergency powers Trump in many areas

The core legal document to date is technically the National Emergencies Act of 1976. This law gives the President the authority to declare a state of Emergency Declaration. However, PE in the USA is not a finished model, a single legal system for emergency situations, like a separate Constitution in the event of a shock.

In the United States, the state of emergency is determined each time specifically for each emergency situation. The President the right to declare their specific emergency powers in a particular area and consolidate them in the Declaration. After this Congress every 6 months hears information of the President on developments in this area, from public expenditure and either terminate the emergency powers in the White house, or takes once the law regulating this sphere of life on a permanent basis. Congress often «forgets» not to adopt a new law, but to hear the President every six months.

Estimated media now there are about 30 emergency declarations on various issues — have accumulated over many decades. That is, trump already has emergency powers, for example in terms of public procurement, export of agricultural products — a total of 123 small «emergency» provisions in the American legal field count justice Center Brennan new York University.

The President of the United States, if you think about it, has long has all the powers to unrecognizable to change the legal face of the country. Just still, none of this White house did not use. Thus, in a strict sense, it is difficult to say that it was referring to Donald trump when he said that he is ready for the introduction of state of emergency in order to solve the border crisis.

In the case that the President will make the new emergency Declaration directly concerning the situation on the border, or something more broad, such as limiting media freedom and «fake news,» his decision can be overruled by Congress and the Senate (which is doubtful) or through the courts, it is quite possible, and not necessarily long.

Reflections of the lawyers about the peculiarities of the legal regime of state of emergency in the United States escalated on the eve of the appeal of Donald trump to the nation, which is expected at 9pm. Trump announced the theme of the crisis on the southern border as the main treatment in the future. Migration policy of the current administration and the construction of the Wall on the border with Mexico became a subject of tough dispute trump with the Democrats, has led to a Government shutdown.

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