Answer :
Final answer:
The 'Clear and Present Danger' term is used to describe a situation where the threat of danger is imminent and obvious. These situations can result in a state of emergency where standard legal operations are suspended to protect public safety. The concept is often used in law and was first introduced in the Schenck v. United States case.
Explanation:
The concept being described here, often discussed in relation to law, is known as a Clear and Present Danger. It was a term coined by Supreme Court Justice Oliver Wendell Holmes in the case of Schenck v. United States. It refers to a situation where the conduct or activity of one party makes the imminent danger so obvious that immediate action is justified.
For example, in the event of a serious fire or hazard, the potential for extreme physical danger is a clear and present danger. This concept has also been extended to moments of grave emergency like terrorist threats, resulting in the government taking actions that might violate normal constitutional order to protect public safety.
Such situations can lead to a state of emergency, which may cause the suspension of ordinary legal systems and sometimes gain broad support from the population. States often resist invoking a state of emergency because clear lines of government authority make the population feel safer. However, when faced with a clear and present danger, these measures could be deemed necessary.
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