State of Emergency: An Emergency Constitution Revisited

Abstract

Over the last ten years, various state and local governments in the United States have declared states of emergency that raise concerns over the protection of civil liberties. In response, this article recommends that the emergency statutes of state governments be amended to expressly protect civil liberties during emergencies. It seeks a paradigm shift from statutory suspension of rights to strong affirmation that civil liberties be preserved during emergencies and that infringements be redressed following emergencies. It also argues that judges should use a strict scrutiny standard when analyzing allegations that state and local government officials violated people's civil liberties during emergencies.

Keywords: civil rights, civil liberties, states of emergency, natural disasters