But it is also how things should be. I am annoyed by the idea the governor has such power, but if he does, it should be for short terms, and then the legislature should be called to ratify or deny the orders.
In Virginia, our entire existence apparently is at the whim of our governor, who only has to declare an “emergency”.
ANd we know what that means, because in January, he declared an “emergency” which was “people are coming to protest our legislation”, and with that declaration, he was then able to take away people’s right to assemble, and people’s right to bear arms, and courts backed him up.
In Louisiana, our governor is legally bound by an exclusion clause in the emergency powers law. So far, the courts have remained supine, but the legislature is organizing to fight back, I think. The main pushback has been that Pentecostal preacher in Baton Rouge.
http://legis.la.gov/legis/Law.aspx?d=85685
LA R.S. 29:736(D):
“D. Nothing in this Chapter shall be interpreted to diminish the rights guaranteed to all persons under the Declaration of Rights of the Louisiana Constitution or the Bill of Rights of the United States Constitution. This Chapter shall not violate Article II (Distribution of Powers), Article III (Legislative Branch), or Article V (Judicial Branch) of the Louisiana Constitution. The courts shall be open, and every person shall have an adequate remedy by due process of law and justice, administered without denial, partiality, or unreasonable delay, for injury to him in his person, property, reputation, or other rights. The orders of all courts shall have their full force and effect. The legislature may call itself into session at any time and shall exercise its powers and duties. Its ability to enact law, appropriate funds, and confirm appointees shall be in full force. The privileges and immunities of legislators shall be respected.”
Acts 1993, No. 800, §1, eff. June 22, 1993.