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Strip Governors of Their COVID Emergency Powers
Townhall.com ^ | February 17, 2021 | Betsy McCaughy

Posted on 02/17/2021 6:24:54 AM PST by Kaslin

From Pennsylvania to California, Americans are relearning what Lord Acton warned about over two centuries ago: power corrupts. Giving governors "emergency powers" to fight COVID-19 is destroying our civil liberties and endangering our lives.

The stench from New York Governor Andrew Cuomo's nursing home carnage and months-long cover up is finally causing even Democratic pols in Albany to turn against him. At least 14 are now joining Republicans to demand Cuomo be stripped of his emergency COVID-19 powers.

And not a day too soon. Cuomo used those powers to shut restaurants and other businesses, close schools and even impose heavy-handed restrictions on houses of worship until the U.S. Supreme Court rebuked him. Emergency powers should last for a few weeks or maybe a month -- just long enough to keep the public safe until the legislature can swing into action. Instead, Cuomo has wielded emergency powers for 11 months -- with disastrous consequences for businesses, workers, schoolchildren and the elderly.

Last March 25, the Cuomo administration ordered nursing homes to accept hospital patients treated for COVID-19. Then, for months afterward, he lied and covered up news about the thousands of deaths that resulted when the virus raced through the homes. In January, state Attorney General Letitia James, a Cuomo protege, revealed the true death toll in an investigative report. Last week, Cuomo's top aide Melissa DeRosa admitted that the administration withheld the truth to avoid a federal Department of Justice investigation.

The Republican minority in the state legislature has been trying repeatedly to rein in Cuomo's powers, but the Democratic majority refused, preferring to collect their paychecks for doing nothing while the governor called all the shots.

Now, with the public demanding accountability, some Democrats finally are on board.

Republicans want more -- impeachment -- but that's not going to happen. Convicting and removing the governor would require an improbable 2/3 vote in the democratically controlled state Senate.

It's been a hundred years since a New York governor was impeached, though in 2008 lawmakers were readying articles of impeachment against Governor Eliot Spitzer for his involvement in a prostitute ring. Spitzer chose to resign.

Stripping Cuomo of his emergency powers is politically doable, and the public would benefit. That would put the state legislature back in charge, ensuring that whatever actions are taken to fight COVID-19 are more reasonable than what Cuomo did. It's hard to imagine that state lawmakers would vote to shutter churches, destroy businesses and close down schools in their own districts. They'd have to answer to their own angry neighbors and constituents. Albany is largely insulated from that.

Even when governors behave more honorably than Cuomo, prolonged emergency powers are a bad idea. After all, if government by one person produced wiser decisions than government by the people's elected lawmakers, we'd opt for autocratic government all the time. Why choose it during crises?

Eleven months into the pandemic, the public across the country is revolting against governors whose emergency powers have allowed them to act like autocrats. Over half the states are in the process of passing laws barring governors from closing businesses and schools in a future emergency. Pennsylvania is considering a law to limit a governor's disaster powers to 21 days. Kentucky is limiting them to 30 days, and Indiana is imposing a 60-day limit.

Laughably, many of these governors are pushing back, even going to court to hold onto their autocratic powers. They argue that in emergencies, the democratic process is too slow and messy. Don't buy it. Like Cuomo, they're relishing power.

In California, a recall effort against Governor Gavin Newsom has amassed more than 1.5 million signatures. Newsom sparked outrage not only with his lockdown orders but also his hypocrisy. When he got caught attending a posh dinner at the French Laundry restaurant in Napa Valley, the recall effort gained steam.

Sadly, New York state doesn't provide for recall, and one-party rule makes impeachment impossible. The public is stuck with Cuomo at least until the next gubernatorial election, nearly two years off. That's why state lawmakers must act now to remove King Cuomo's emergency powers. As the political sages teach, "absolute power corrupts absolutely."


TOPICS: Culture/Society; Editorial; Government
KEYWORDS: coronavirus; wuhancoronavirus
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1 posted on 02/17/2021 6:24:54 AM PST by Kaslin
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To: Kaslin

In a way, I’m torn on this.

First, I think the emergency COVID powers of the governors is a bad thing and they should be stripped. But that seems like a state legislature issue.

In general, I think the federal government should have a lot less power in all areas. I think states need to step up and say “We control this topic and we will act as we see fit”. And then, the state legislature will, hopefully, ensure that their governor doesn’t act like a dictator


2 posted on 02/17/2021 6:31:51 AM PST by ClearCase_guy ("I see you did something -- why you so racist?")
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To: Kaslin

Our governor (DeSantis) has been good. It’s the mayors who need to be stripped of their powers as well. We have a couple of crackpot liberal mayors who keep imposing restrictions that the Governor then has to come in and modify or make unenforceable. Local tyrants, fueled by Karens.

Look at New York: horrible Governor (Cuomo), horrible Mayor (DeBlasio) and both of them with completely unconstitutional and out of control “powers.”


3 posted on 02/17/2021 6:33:27 AM PST by livius
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To: Kaslin

I don’t think so, they should be Modified!

No Private Citizen or Business shall be held to any Emergency Health Order until and unless it can be Demonstrated that 100% of the Public Employee’s, Employee’s, in the State and Officers of the Court are Quarantined and Guarded for their own Safety.

All Police and Fire shall be exempt from this


4 posted on 02/17/2021 6:33:41 AM PST by eyeamok (founded in cynicism, wrapped in sarcasm)
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To: Kaslin

EXACTLY!

In fact I'm not at all convinced that they even *have* the authority to do many of the things they've done. Freedom of peaceful assembly...freedom to engage in interstate commerce...freedom of religion...freedom of speech....2nd Amendment,etc.

Sometime last year (September,IIRC) a Federal judge in Pennsylvania issued a 60 page ruling absolutely ripping to shreds the EOs that PA's Rat Party Governor had issued.At one point,IIRC,he mentioned that Constitutional rights don't magically disappear in the face of "emergencies" (my word) like this flu virus.

5 posted on 02/17/2021 6:35:02 AM PST by Gay State Conservative (Trump: "They're After You. I'm Just In The Way")
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To: All
Gotta love the Covid-19 fallout as the states' power-hungry governors (and mayors) started channeling their
inner Adolf's.....and began issuing inane orders like they were jack-booted brownshirts from the 1940'a era.

EXAMPLE Democrat California Gov Gavin Newsom, signed a bill that would allow judges to decide whether to list a man as a sex offender for having oral or anal sex with a same-sex minor. The bill lowers the penalties for adults who have sex with ‘willing’ same-sex minors. A Judge could decide if the adult has to register as sex offender if the offender is within 10 years of age of the victim. (Excerpt) Read more at thegatewaypundit.com ...

Now Gov Nuisance is getting recalled....ROTFLOL.

============================

STROLL DOWN MEMORY LANE---IT ALL STARTED WITH A TRUMP ROLL---One of Trump’s best trolls:

When Covid surfaced, he quietly said he would not interfere in the states, b/c (drum roll please)....”the governors and Mayors know what they’re doing.”

ROTFLOL....this unleashed the liberal Dems who began dictating to their citizens, issuing orders left and right. Recalls, threats of impeachment, protests, outright defiance as the people rose up against the liberal know-it-alls. Democratic govs and mayors are now taking big hits for the riots, unrest, destruction and violence they’ve allowed to explode across the country ......

Pelosi was all hepped up bout 2020----announcing they'd gain 10-15 seats.
WATTA SURPRISE ... Repubs are the ones that gained seats.

AND THIS Biden became more popular than ever with tsarist Democrats (who love anybody dumber than they are).

SOURCE CFP BLOGGER: The Biden 2020 campaign announced that due to rapidly growing voter support, future Biden campaign events would be moved from Waffle House restaurants to Denny’s ....... Denny's has larger counter seating, senior pricing and a better children’s breakfast menu, including chocolate chip waffles with whipped cream. Biden had standing room only at a recent campaign event, due to his campaign staff removing seats at the venue to create fake news about Biden's (cough) popularity.

Democraps got their massive Voter Fraud Machine in Michigan, Wisconsin, Pennsylvania, Nevada, etc...up and running at Mach One speed.

The problem is these deaf and dumb lefties live in an isolated echo chamber. They shut out the voices of the people and they stupidly think nobody's paying attention.

Remember, Obama put a huge fix in for 2016 "shoo-in" Hillary. Our entire US intel apparat was at her disposal, the media sucked-up bigtime....every Democrap in the Swamp was in on The Big Fix. We know where that got them.....cackle.

6 posted on 02/17/2021 6:35:36 AM PST by Liz (Our side has 8 trillion bullets; the other side doesn't know which bathroom to use. )
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To: Kaslin
What is the difference between and "Emergency EO" extended in perpetuity versus a law stating the same edicts passed by the Legislature with the consent of the governed?

Nothing, that is why these Emergency EOs are illegal as they are usurping the rights of the People and their duly elected Legislatures.

7 posted on 02/17/2021 6:36:00 AM PST by frogjerk (I will not do business with fascists)
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To: Kaslin

There sure was a lot of support for Trump in NY state. Makes me wonder how much election and voter fraud swayed outcomes?


8 posted on 02/17/2021 6:36:29 AM PST by tflabo (Truth or tyranny )
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To: All
Gov Andrew Cuomo, onetime Media Darling is self-destructing as we type----ROTFLOL.
The obeisant media pumped more gas into Cuomo than was pumped into the Hindenburg.


9 posted on 02/17/2021 6:38:11 AM PST by Liz (Our side has 8 trillion bullets; the other side doesn't know which bathroom to use. )
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To: Kaslin
I found the ruling!

Federal Court Ruling

10 posted on 02/17/2021 6:39:44 AM PST by Gay State Conservative (Trump: "They're After You. I'm Just In The Way")
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To: Liz

Speaking of Michigan it’s most likely that John James got swindled out of winning the senate seat by the thug ballot manipulators and Dominion algorithm redistribution of votes.


11 posted on 02/17/2021 6:41:24 AM PST by tflabo (Truth or tyranny )
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To: tflabo

No question.


12 posted on 02/17/2021 6:46:05 AM PST by Liz (Our side has 8 trillion bullets; the other side doesn't know which bathroom to use. )
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To: Kaslin
"Eleven months into the pandemic, the public across the country is revolting against governors whose emergency powers have allowed them to act like autocrats. Over half the states are in the process of passing laws barring governors from closing businesses and schools in a future emergency. Pennsylvania is considering a law to limit a governor's disaster powers to 21 days. Kentucky is limiting them to 30 days, and Indiana is imposing a 60-day limit."

The problem as I read it, Kentucky's SB1 doesn't prevent a Governor from waiting a day and then reimposing another 30 days, and I've passed that concern on to Ky Senate Majority Floor Leader Thayer.

Indiana's SB407 forces the Governor to call a General Assembly after 45 days to get his 60-day complement of Emergency days, and even then, only the Legislature can extend the Emergency after that.

13 posted on 02/17/2021 7:01:40 AM PST by StAnDeliver (Eric Coomer of Dominion Voting Systems Is The Blue Dress)
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To: Kaslin

Emergency powers should always have a built-in time limit, say 30 days until renewed by a 2/3s vote of the legislature.

They were meant to give governors power to step in and keep government functioning in an actual emergency where the legislature couldn’t meet and respond quickly enough. There’s no justification for having them at all when the legislature is plugging away every day for months perfectly capable of passing any needed legislation to handle the “emergency”.


14 posted on 02/17/2021 8:04:28 AM PST by Boogieman
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To: ClearCase_guy
We live in a "conservative" state, yet everywhere I look, the people are masking, social-distancing and slathering anti-bacterial everywhere.

Here is my take on it: you know you are a good little sheep when you realize that the edicts are tyrannical and unconstitutional, as well as useless--but you obey them anyway.
15 posted on 02/17/2021 8:15:09 AM PST by systemjim (Lifetime Lover of Music)
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To: Kaslin

If there is a silver lining to 2020 it is the fact that mismanagement by various levels of government hurt almost everyone, even die hard supporters for that government.

Many are having their eyes open for the first time of what life will be like under socialist government.


16 posted on 02/17/2021 8:22:51 AM PST by CIB-173RDABN (I am not an expert in anything, and my opinion is just that, an opinion. I may be wrong.)
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To: Kaslin

The original Star Wars movie saw this coming. “The regional governors will have control over their territory”

https://www.youtube.com/watch?v=YnNSnJbjdws

2 minute video. Enjoy.


17 posted on 02/17/2021 8:38:31 AM PST by Shark24 ( )
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To: ClearCase_guy

NYS’s legislature gave Cuomo carte blanche and then hid behind him.

Until Downstate grows a brain, the only option for anyone opposed to uniparty rule is to leave.

And folks have been doing that to the tune of almost half our state’s House seats over the last six decades.

It’s really the best option. Voting with your feet.


18 posted on 02/17/2021 8:41:42 AM PST by mewzilla (Break out the mustard seeds. )
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To: Gay State Conservative

Excellent. Thanks for finding and posting the ruling, GSC.


19 posted on 02/17/2021 9:21:50 AM PST by Walrus (I do not consent)
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To: Kaslin; All
Patriots, please work with your state lawmakers to amend your respective state constitutions based on the following "tar and feathers" criteria.
20 posted on 02/17/2021 11:03:13 AM PST by Amendment10
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