Posted on 02/11/2021 7:31:27 AM PST by Kaslin
Following the disastrous shutdowns in states like New York and New Jersey, lawmakers may want to emulate Pennsylvania’s constitutional remedy.
Before the COVID-19 outbreak, state sovereignty was viewed as a check on federal encroachment. Americans welcomed this limit on centralized power.
But amid the ongoing panic, the coercive effects of unbridled executive authority are on display in the states themselves. This authoritarian streak is evident in New York, California, and Michigan, and my home state, Pennsylvania, where Democratic Gov. Tom Wolf’s shutdown orders—enforced through emergency powers—have flung economic shrapnel.
Wolf’s restrictions, some of the most draconian in the country, have inflicted the Keystone State’s communities with mass unemployment, social disorder, widespread despair, and overall economic decline. Other states should view Pennsylvania’s course as an alarming model for how their own governors and local officials can seize unlimited “emergency” executive governance.
In response to Wolf, Pennsylvanians—beginning with their representatives in the state’s General Assembly—are pursuing a voter-driven remedy that could serve as a national model. A constitutional amendment, placed before voters this year, would check a governor’s unilateral, indefinite emergency powers. If approved, Pennsylvanians could prevent an encore of what unfolded this past year, and inspire other states to follow their lead.
Of course, there’s no denying that a governor plays a crucial role in an emergency. This was true last spring, when COVID-19 required a top-level governmental response. In such instances, the great advantage of our republic—its separation of powers—temporarily becomes a liability.
Emergency powers are therefore granted to an executive—the president, governor, or even a mayor—to act decisively in defense of citizens. In Pennsylvania, state law caps the duration of emergency declarations to 90 days but places no limit on the number of times a governor can unilaterally renew them.
Unfortunately, Pennsylvania is paying the price of this policy. Since last March, Wolf, wielding his unchecked power, has extended the disaster declaration by fiat three times. During that period, Pennsylvanians suffered the social and economic costs of policies, including lockdowns, that enforced mass business closures. Although lawmakers in both parties have challenged Wolf’s arbitrary decision-making and lack of transparency, the governor still holds veto power.
Since last summer, for example, the General Assembly passed 10 bills to correct Wolf’s pandemic response. While Wolf eventually enacted many of these bills’ changes, he only withheld his veto pen once, when lawmakers unanimously passed a transparency bill.
This pandemic-era governance of a powerful executive, backed by a Democratic-majority state Supreme Court, is unsustainable. So, beginning last summer, the General Assembly commenced a process that would preserve checks and balances while also ending the state’s endless state of emergency.
Through a constitutional amendment, this process would restore lawmakers’ oversight of a governor’s emergency decision-making. In short, the amendment would allow the General Assembly to prevent a governor from extending a disaster declaration beyond 21 days without lawmakers’ approval.
The state’s constitutional amendment process, which doesn’t require a governor’s signature, commenced when lawmakers passed Senate Bill 1166 in July 2020. But any proposed constitutional amendment requires passage in two consecutive legislative sessions.
That’s why the General Assembly approved Senate Bill 2 last week. The bill, sponsored by Senate Majority Leader Kim Ward, completes the legislature’s role in the constitutional amendment process. Voters will now have their say at the ballot box in May.
As a result, Pennsylvanians will soon vote on restoring their civil liberties by imposing checks on a governor’s emergency powers. If the constitution is amended, future governors can still respond in crises, but not indefinitely. Instead, after 21 days, a governor will require the approval of the people’s representatives in the legislature.
Following the disastrous shutdowns in states like New York and New Jersey, lawmakers may want to emulate Pennsylvania’s constitutional remedy. Meanwhile, in other states like California, the recall procedure seems to be an avenue to restrain the governor’s worst excesse, although statutory limitations couldn’t hurt.
In this tumultuous period, Americans must act to preserve the rule of law before executive overreach spirals out of control. The best way to defend our freedoms is by strengthening our cherished federalist system.
Of course, global emergencies are not outside the scope of the founders’ foresight. But as Pennsylvania shows, protecting the vulnerable shouldn’t require an unprecedented loss of civil liberties.
INSURRECTIONISTS!!!
Anything wrong with that?
Won't happen, as these states have 'RAT legislatures.
How about they use this same enthusiasm to make sure the SOS and State Supreme Court don’t change the voting laws the next time? Or even better, get some real voting laws...voter ID, ballots with a receipt so you can check your vote....that will prevent what happened on November 3rd, from happening again in November 2022.
Because, guaranteed, if the Dem’s can’t put ‘mail-in voting’ into law by then, there will be another pandemic starting some time in the spring or early summer of 2022.
I am of the opinion that there is a need for each state to draft an “emergency powers act” that provides a LIMIT to the time / duration of the Governor’s powers. I would propose 60 days. After which, a majority vote (50+ percent) of legislative branch is required for a 60 day extension. After the first extension, an additional 5% is required for an additional extension (50+% then 55+%, then 60+%, etc).
Emergency acts should only be a stop gap until the legislature acts via passing laws.
If we had a real governor in Pennsylvania, the PA supremes would have been ignored in setting election rules. That power is granted by the US Constitution to the state legislature, not the courts.
Do you know, can the PA legislature pass voting laws which can not be vetoed by corrupt Gov Wolfe, nor corrupt Supreme Court?
Bkmk
I agree. These wusses won’t tackle the election fiasco. It might anger some Democrats and they don’t want to do that. Election reform should be the #1 priority in Pennsylvania. Absent that, the Democrats and idiots like Wolf will rule in perpetuity.
Pennsylvania, by the way, ranks 41st in vaccine distribution per 100,000 citizens. Wolf has created a commission to study the problem. He should start by acknowledging the failure of his administration and that of “Doctor” Rachel Levine. Folks in my neck of the woods are mad as hell about the continuing foul ups in vaccine distribution. Nobody knows what is going on and when and if they will get vaccines.
I would imagine it could. Say an amendment to the states constitution that says exactly what can and cannot be done and who can do it.
But I think that’s already in place. As it is in every state. But the corrupt courts didn’t allow challenges. So, dissolve the court and start over.
Has to be some remedy. Do they have the backbone to do it.
Wolf has created a commission to study the problem......par for the course for the Democrats. Create a commission. Give your friends high paying positions. Allow them to come up with very broad recommendations so they can’t be held accountable for anything and selectively toss anyone under the bus that doesn’t listen to them or they don’t like. And then Wolf can blame the commission who will then blame the next person down.
Soetero was an expert at that.
He should start by acknowledging the failure of his administration and that of “Doctor” Rachel Levine......Wolf, like every other Leftist, can’t do that. He would have to admit that he was wrong. The Left is unable to admit their responsibility, accountability, hypocrisy, indifference, incompetence. They can do no wrong. It’s always someone else’s fault that their fantasies didn’t work.
Once again, Soetero was an expert at that.
During the administration of Tom Corbett, a rino gubbernor if PA, our congress critters passed, and Corbett signed a Voter ID law into effect, BUT, the State Supreme Liberals, declared it was unconstitutional, and instead of doing anything about it, they all laid down and said, "We tried".
Lazy bastards.
I would propose 60 days. After which, a majority vote (50+ percent) of legislative branch is required for a 60 day extension.>>>>
Fortunatly that is almost the PA law today. The legislature can terminate the emergency by passing a resolution. They did. Supreme court rewrote that law as well.
That about sums it up in Pennsylvania, Georgia, Wisconsin, Michigan, Nevada, and Arizona.
And sadly, the same lazy do-nothings will get re-elected because they’ll promise to do something the next time. Just give them one more chance.
The legislature can terminate the emergency by passing a resolution. They did. Supreme court rewrote that law as well.
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In WI, there have been 2 State supreme Court orders against Evers’ lockdowns and mandates. He ignored them with no consequence.
Legislature overrode latest lockdown/mandates. He’s issuing another one.
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