미국의 국가긴급권에 관한 연구 = A Study on the Nation Emergency Rights in the America

다국어 초록 (Multilingual Abstract)

In the United States, there are several methods for government response to emergency situations. A state governor or local mayor may declare a state of emergency within his or her jurisdiction. This is common at the state level in response to natural disasters. The president of the United States, as head of the executive branch, has the implied authority to declare a national state of emergency. The only emergency provisions in the U.S. Constitution are: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” a Section I grant of power giving Congress the sole authority to suspend the writ;[42] and an exemption from the privilege of a grand jury hearing for cases arising in the military when in service in a time of “public danger”. The United States is formally in an ongoing limited state of emergency declared by several Presidents for several reasons. A state of emergency began on January 24, 1995 with the signing of Executive Order 12947 by President Bill Clinton. In accordance with the National Emergencies Act, the executive order``s actual effect was not a declaration of a general emergency, but a limited embargo on trade with “Terrorists Who Threaten To Disrupt the Middle East Peace Process”. This “national emergency” was expanded in 1998 to include additional targets such as Osama bin Laden,] and has been continued to at least 2008 by order of President George W. Bush. There are a number of other ongoing national emergencies of this type, regarding for instance diamond trade with Sierra Leone. Especially noteworthy are the ongoing states of emergency declared on November 14, 1979 regarding the Iran hostage crisis, that declared on March 15, 1995 with respect to Iran, and that declared on September 14, 2001 through Bush``s Proclamation 7463, regarding the September 11 attacks. President Barack Obama extended George W. Bush``s Declaration of Emergency regarding terrorism on September 10, 2009, on September 10, 2010, on September 9, 2011, and on September 11, 2012. President Barack Obama extended the Declaration of Emergency on November 12, 2013, citing continued conflicts in Iran.