Emergency mandate
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| •Key terms • Court cases •Major arguments • State responses to federal mandates • Federalism by the numbers • Index of articles about federalism |
An emergency mandate is an executive order that an executive (typically the President, a governor, or a mayor) can issue during states of emergency. During emergency periods, executives can temporarily assume powers normally reserved for legislatures, including the ability to suspend existing laws and issue emergency mandates that govern businesses and individuals.[1]
Background
In America's governing system, legislative processes can move slowly at the local, state, and federal level. Consequently, during times of emergency, it can be difficult to pass legislation in a matter of days or even weeks to respond to a crisis appropriately.
The federal government and all 50 states have codes that allow the chief executive to declare a state of emergency in response to natural disasters, disease epidemics, and other dangers to public health and safety. Generally, declaring a state of emergency allows executives to waive or suspend certain rules and regulations and access resources unavailable to them during non-emergencies, like stockpiles of medical goods and equipment.
The length of emergency mandates and the process for renewing emergency declarations and mandates vary by state. The extent of legislative oversight and a legislature's ability to end an emergency without the executive's approval also vary by state.
In response to the coronavirus pandemic, the federal government and all 50 states declared active emergencies. Executives used the emergency power to enact lockdown and stay-at-home orders, mask mandates, and other restrictions on businesses and individuals.
From March 2020 through February 2022, nine states passed legislation or ballot measures changing the process for the creation and oversight of emergency mandates.
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