Posted on 03/27/2020 11:21:38 AM PDT by buckalfa
COLUMBIA, SC (WSPA) – South Carolina Attorney General Alan Wilson issued an opinion Friday saying that local governments don’t have the authority to “exercise emergency powers that are delegated to the Governor by state lawmakers.”
The following is the full news release issued Friday:
South Carolina Attorney General Alan Wilson issued an opinion today saying local governments do not have the authority to exercise emergency powers that are delegated to the Governor by state lawmakers.
Some cities in the state have enacted “stay at home” orders to try to reduce the spread of the COVID-19 virus. However, the attorney general’s opinion cites a previous opinion from September 5, 1980 relating to mandatory evacuations by towns, cities, and counties. That opinion concluded that only the Governor was empowered to exercise extraordinary emergency powers under Section 25-1-440. The opinion points out “there is no enumerated power expressly conferred upon such political subdivisions as would reasonably include the extraordinary authority.”
“This conclusion that the Governor’s emergency powers preempt those of counties and municipalities is equally applicable to the pandemic created by COVID-19. Accordingly the 1980 opinion is affirmed and is provided as guidance to counties and municipalities,” today’s opinion says.
The opinion stresses that while local governments retain their Home Rule powers during a state of emergency, they do not have extraordinary emergency powers. “They cannot exercise the emergency powers delegated to the Governor by the General Assembly,” the opinion says.
It also points out that these powers, even at the state level, are subject to applicable constitutional limitations and refers to the office’s opinion issued March 24 to Chief Mark Keel regarding enforcement of a state law concerning groups of three or more gathering. Those limitations include fundamental constitutional protections of freedom of religion, protections of the family unit, and the freedom of assembly for political purposes.
The opinion concludes by saying, “counties and municipalities should be aware that any unauthorized exercise of such emergency powers could subject these political subdivisions to liability at the behest of a private citizen with requisite legal standing.”
SC? Again??!!
I’ve been told that SC has a higher than average quotient of local cronyism and corruption, high cost of living, and is pretty poor on 2nd Amendment rights compared to many other states. I’ve never really checked into that besides noticing that the gun laws are somewhat more onerous than what I might have expected for a solid red southern state.
As a damned yankee having recently moved to SC from NJ, the Palmetto State feels like a bastion of freedom.I guess it’s all relative to what your accustomed to.
It took them forever to allow CCW reciprocity with GA, and it was all on them. And there are a ton of GA people that vacation at Hilton Head, so it was a pain.
The state's urban areas are rapidly changing into mini blue states in spite of GOP dominance. Charleston, Columbia, Greenville, and Myrtle Beach have experienced dramatic demographic shifts given what was up until now a booming economy driven by global trade. The old conservative South Carolina of our fathers still exist in very rural areas. As to gun laws, at least SC is not NYC.
Bluffton SC city council just passed a “unanimous resolution” basically “telling” the Governor to shut down the state. What you are seeing here is the Governor’s response to them. McMaster is following federal strategy based upon on-the-ground, real-evolving data, the city council is using emotion and political aspiration for “data”. Great move by the Governor. We do not need a lot if ill-informed local noise in our ear on this critical national crisis.
Gwinnett County Georgia just shut down by the power of the county commissioner.
I cannot find where the Georgia state assembly voted on this measure.
“Wow, a pissing match between government leaders to see who is most holier than though. Popcorn time!”
The state’s Attorney general has been shutting down little Hitlers all over the state, including mayors in big cities like Columbia who tried to pass anti-2nd amendment red flag laws.
South Carolina Attorney General Alan Wilson is a rising star in the patriot movement to squash leftist commies in the state.
The last statement in this article :
“The opinion concludes by saying, “counties and municipalities should be aware that any unauthorized exercise of such emergency powers could subject these political subdivisions to liability at the behest of a private citizen with requisite legal standing.”
is a green light for citizens in the state to start suing the little Hitlers in the state for taking away their rights.
Warning to SC leftists: We are coming for you, Nazi a-holes.
“I’ve been told...”
Mostly bullsh*t.
Interesting. Good to know there is at least one government official in the country who still believes that citizens have rights. Too bad he’s outnumbered.
SC also has a history of the state government exercising a lot of power that in many other states devolves to cities/counties. They’ve always had an issue with letting municipalities rule themselves without getting the General Assembly delegation for that area involved.
}:-)4
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