ABSTRACT
Despite its origins in the revolutionary overthrow of British tyranny, and the later adoption of a Bill of Rights that seeks to defend core legal and democratic rights against arbitrary government power, the United States has also increasingly seen an extraordinary expansion of executive powers. The chapter describes how the federal executive power has been interpreted. While the events of September 11, 2001 marked a turning point in the way extensive emergency powers have been applied and used, previous presidents also ordered actions with little regard for either their constitutional validity or approval by Congress. It examines the National Emergencies Act, adopted in 1976. The chapter reviews the creation and function of the Federal Emergency Management Agency (FEMA) and the National Incident Management system (NIMS). It outlines the sweeping scope of state emergency laws and their application, especially with reference to the emergencies declared in Ferguson, Missouri in 2014 and Baltimore, Maryland in 2015 to suppress protests against police killings.
