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Full Description
In a democracy, the legitimacy of authority derives from the consent of the governed. Constitutions or long-standing norms typically impose constraints on government authority, but under extraordinary circumstances—emergencies—normal and procedural standards can be overridden or suspended. Such was the case when the COVID-19 pandemic erupted in the spring of 2020. This book describes the emergency powers that existed in the American states at the start of the pandemic; shows how such powers were implemented; examines how courts, legislatures, and public opinion responded to the use of emergency powers; and considers the resulting tensions they exert on democratic governance.Contributors provide a background on the legal justification for emergency powers and offer summaries of the executive orders that were in effect as of mid-2020 across the United States and its territories, with special attention paid to California and Texas. They also review public attitudes about the dangers of the coronavirus and appropriate responses to it, and raise further questions about emergency powers and democratic governance—questions that deserve serious consideration before the next emergency prompts another exercise of such powers.
Contents
Preface
Part 1: State Emergency Powers
1. Emergency Powers: An Introduction
2. Emergency Powers in the American States
Part II: Emergency Powers in Practice
3. California and Public Health Authority
4. Implementing Emergency Powers in Texas
5. Using the Emergency in Emergency Orders: Municipal Policy Action and Federalism during the COVID-19 Crisis
Part III. Response to the Exercise of Emergency Powers
6. Public Opinion on the COVID-19 Pandemic: From Consensus to Conflict
7. Court Evaluation of COVID-19 State Emergency Orders: Upholding Fundamental Rights During Times of Crisis
8. Legislative Opposition to the Exercise of State Emergency Powers
Conclusion: COVID Restrictions and Democratic Governance
About the Contributors
Index
