Bacon's Rebellion

Democracy Thrives in Sunlight

Time to Rein in America’s Governors

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by

James A. Bacon
in

by Kerry Dougherty

Hey, I think I’ve found it.

I’ve discovered the one good thing to come out of our national COVID nightmare: a horrifying awareness that we’ve given our governor too much power.

Far too much.

As the months ticked by and draconian emergency orders were extended over and over again, it was maddening to watch one man decide which businesses could operate and which could not. One person in Richmond decreed that schools and churches had to close. One man decided that weddings had to be cancelled and the dead buried without mourners. One man ordered Virginians into their homes after midnight.

It wasn’t just Virginia, of course. All around the country, livelihoods were lost, children were academically left behind, the elderly died alone due the arbitrary proclamations of state executives acting on their own whims.

For many Americans, it was our first taste of living in a dictatorship.

Finally, a movement is afoot to make sure it doesn’t happen again.

In a piece headlined, “Six Governors Stripped of Power Because of Overreach During the Covid-19 Pandemic” The Daily Caller reports that 46 states may place limits on governors.

Good.

Gov. Gretchen Whitmer of Michigan was stripped of her emergency powers when lawmakers repealed the state’s Emergency Powers Act of 1945.

Pennsylvanians voted to amend their constitution to limit their governor’s power.

In Kentucky, lawmakers overrode the governor’s veto to shorten Gov. Andy Beshear’s emergency powers to 30 days.

New York Democrats severely limited Gov. Andrew Cuomo’s ability to enact any new COVID restrictions.

Ohio now holds their governor to a 30-day emergency order. Idaho legislators put a 60-day limit on their governor’s emergency powers.

And Virginia? Anything goes here. The governor has unlimited and endless power.

Gov. Ralph Northam first declared a state of emergency in March of 2020 and renewed it numerous times until he finally allowed it to expire June 30, 2021.

The far-left General Assembly met several times during that extraordinary emergency period and the Democratic majority never limited or gave its imprimatur to Northam’s extreme actions.

This was a dereliction of duty. They should all be tossed from office.

That’s why this November’s election is so important. There will be a chance for Virginians to replace the complacent nanny government types that currently fill the General Assembly with men and women who will do their jobs.

Vote on November 2 like your freedom depends on it.

This column has been republished with permission from Kerry: Unemployed & Unedited.

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Comments

17 responses to “Time to Rein in America’s Governors”

  1. Donald Smith Avatar
    Donald Smith

    A good reason for electing Youngkin this November: McAuliffe, as governor was restrained by a GOP Assembly. We have a Democrat Assembly now. Does anyone think McAuliffe will restrain himself? (Cue laughter).

    1. Stephen Haner Avatar
      Stephen Haner

      Well, the old pro-business, pro-energy McAuliffe will be tightly constrained by the current crowd at the GA, and converted into the new blame-business-first, kill reliable energy McAuliffe. You won’t recognize him, just like you no longer recognize Northam after his Road to Damascus moment.

      1. DJRippert Avatar
        DJRippert

        Assuming that the Democrats hold the House of Delegates (which may not be as certain as some think) Younkin will veto bills that McAuliffe will sign.

        Given what we’ve seen from our political class over the past 4 years maybe some gridlock would be good.

        Just remember that McAuliffe had ample warning about the mess in Charlottesville. He had the state police, he had armored personnel carriers, he had helicopters. Yet he couldn’t do what many other governors managed to do – he couldn’t keep two warring factions separated.

        The failure of law enforcement in Charlottesville lies squarely on McAuliffe’s shoulders.

        1. Matt Adams Avatar
          Matt Adams

          Gridlock is and always was the intention of our way of Governance. It was supposed to require a great deal of effort to enact laws and require support from both sides which would weed out the chaff.

      2. Nancy Naive Avatar
        Nancy Naive

        Better the devil you know. What is a Youngkin? Is it anything like a Gherkin? His plans seem to be to throw basketball scholarships at the State’s problems… or hope for a slot on The Apprentice.

  2. tmtfairfax Avatar
    tmtfairfax

    The issue has its roots in English constitutional and legal history. Charles I’s dissolution of Parliament. Oliver Cromwell’s dissolution of the Rump Parliament. The English thought unchecked executive power was dangerous as did the the founders of the United States. What has changed? Nothing, except in the minds of journalists.

    I think most people would support the executive exercise of emergency power during real emergencies, such as COVID-19, for a limited period of time. But we are pushing 18 months of executive control. That’s too long irrespective of whether a governor is a Democrat or a Republican.

    1. Matt Adams Avatar
      Matt Adams

      “I think most people would support the executive exercise of emergency power during real emergencies, such as COVID-19, for a limited period of time. But we are pushing 18 months of executive control. That’s too long irrespective of whether a governor is a Democrat or a Republican.”

      No truer words can be spoken.

    2. Nancy Naive Avatar
      Nancy Naive

      Lincoln’s habeas corpus… oh, wait. Not Lincoln.

    3. emjak Avatar
      emjak

      Even the Roman Republic placed a fixed time limit on the dictators it chose to deal with serious threats.

      The U.S. Constitution does not have any “emergency power” clause that would expand the authority of the President or the Executive Branch during any emergency. And nothing in the Constitution permits Congress to enact laws that suspend, ignore, or circumvent the Constitution. Indeed, under Article VI, Clause 2 the supremacy of Federal law over any contrary State or local law is conditioned on the Federal law being enacted “in pursuance” of the Constitution, not in derogation or disregard of it.

      Unless State Constitutions have anything like an “emergency power” clause, I would expect that their governors do not have any inherent authority to suspend their State’s constitutions or State laws.

      History shows too many examples of claims of “emergency” (real or imagined) that have been invoked to rationalize the abuse of power and suspension or other derogation of the rule of law.

      People should be wary of seeking the illusion of security during an emergency at the loss of their freedom and the protection of the rule of law.

  3. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    Michigan had better hope that it does not have a deadly blizzard.

    I have always been concerned about the unlimited emergency powers of Virginia’s governor. There should be some limitation, time wise. However, if there had been some limitation during the pandemic, I don’t think the result would have been any different. After all, the General Assembly has been in session for much of the past 12 months and its failure to enact any limits can be seen as tacit approval of Northam’s actions.

    I see that Kerry is citing only Democratic governors or Republican legislatures in her discussion of “dictatorships” and reactions to governors. What about the executive orders of the Texas and Florida governors banning mask mandates? At least the other governors, including Northam, were acting under authority of state law. The actions of Abbot and DeSantis seem purely arbitrary and they are getting significant pushback from some local governments.

    1. Packer Fan Avatar
      Packer Fan

      Banning mask mandates doesn’t keep anyone who feels they need to wear a mask from wearing one.

    2. Matt Adams Avatar
      Matt Adams

      Whataboutism is not a valid response.

      You’ve become more and more partisan and it’s showing.

      1. Dick Hall-Sizemore Avatar
        Dick Hall-Sizemore

        First of all, my response was more expansive than you indicate. Second, I did not excuse or condone any actions taken by governors and said that I though there should be a time limitation on the use of emergency power. I merely pointed out that the Kerry is being the partisan commentator, leaving out Republicans that act the same way. If one is going to criticize a group of politicians for some actions, one should not cherry pick the examples, but include all the malefactors.

        1. Matt Adams Avatar
          Matt Adams

          “Second, I did not excuse or condone any actions taken by governors and said that I though there should be a time limitation on the use of emergency power.”

          You placed a caveat on that indicating you didn’t think would be different, it doesn’t matter if you think things might not have changed. It goes along with statements like “well that’s the way it is”, it doesn’t make it okay.

          “I merely pointed out that the Kerry is being the partisan commentator, leaving out Republicans that act the same way.”

          That is called whataboutism.

          “the technique or practice of responding to an accusation or difficult question by making a counteraccusation or raising a different issue.”

          “If one is going to criticize a group of politicians for some actions, one should not cherry pick the examples, but include all the malefactors.”

          I agree, however it’s evident you don’t apply that to your own works, given the article you drafted about Glenn Youngkin.

        2. Eric the half a troll Avatar
          Eric the half a troll

          Somebody doesn’t like you to point out their hypocrisy… alas…

        3. Nancy Naive Avatar
          Nancy Naive

          Kerry? Partisan? Say it ain’t so Joe. I think she’d be way happier in Florida, with a summer home in Texas.

  4. DJRippert Avatar
    DJRippert

    The whole COVID situation has been illuminating. I am stunned by how quickly too many Americans are willing to drop the rights they have been guaranteed by a combination of the US and state constitutions because a petty tyrant demand that the rights be suspended.

    The ban on evictions? Seriously? Private property owners don’t have the right to enforce contracts regarding their private property? How is that even remotely constitutional? Neither Trump not Biden care if it’s constitutional.

    Yet in the midst of this “crisis” there has been a continuing expansion of government power well beyond anything to do with COVID. The Loudoun County School Board banning citizens from its meetings unless the citizens pre-file questions is just another example.

    Let’s be honest – too many of our existing political class is composed of egomaniacs who see no good reason to waste their precious time with the trivialities of the US and state constitutions.

    And once you give the political class an inch they want a mile.

    Just as Bill de Blasio broke the law by refusing to enforce his own COVID-19 rules against BLM protesters while shutting down Jewish funerals Rand Paul is close to treason by saying that “they can’t arrest all of us”. Just a few minutes ago the governor of New York (recently the darling of progressives) announced he would step down because he has been repeatedly accused of sexual harassment.

    Closer to home our House of Delegates decided to work from home but still paid themselves an out-of-town per diem while they “worked” in their jammies from their basement. Had any of us tried to do the same our employers would have fired us for cause.

    I’ve heard that Biden’s “Climate Czar” – John Kerry – owns 6 houses, 12 cars, 2 yachts and a private jet. Is that true?

    What kind of jackasses are we electing?

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