Voters in Pennsylvania have passed two Constitutional Amendments in response to a year of emergency power abuses by Governor Tom Wolfe even after his office played games with their wording on the ballot.
Specifically, one of the amendments would limit the length of an emergency disaster to 21 days, but it could be extended through passage of a concurrent resolution of the General Assembly. Currently, the constitution allows a governor’s emergency disaster to last up to 90 days and can be extended indefinitely.
A separate amendment would allow the General Assembly to terminate an emergency disaster without having to present it to the governor for his signature. This stems from a state Supreme Court ruling that said the General Assembly can’t act unilaterally to end a governor’s emergency declaration. The court said it would have to win the governor’s approval to take effect.
Related: NH – No Justification for Emergency Powers That Last For More Than a Year
New Hampshire voters and legislators will see a lot of parallels. The move to restrain executive power in the Keystone State was catalyzed by a state court ruling that granted Gov. Wolfe King status when it rebuked their resolution ending his state of emergency.
“We understand the need for a temporary suspension of civil liberties under dire circumstances – something we agreed needed to happen initially as we worked to flatten the curve,” Scarnati said. “However, while we work to protect lives, we cannot continue to disregard the civil liberties of Pennsylvanians. Our government was established to be of the people, by the people, and for the people. With this ruling, the Court has elected not to uphold the foundation of our democracy.”
The Legislature and the people have now taken both the governor and the court to the woodshed.
The governor may still issue emergency orders with all the same force and influence. But he can no longer extend them without the legislature’s approval – which can also end a State of Emergency at any time without the Governor’s signature.
New Hampshire’s legislature already has the power to end a state of emergency by concurrent resolution (while clearly lacking the nerve). One of our bigger problems is that our courts have made it clear any governor can ignore or erase your civil liberties – any natural right enumerated by any constitution – by announcing a state of emergency.
The Court’s Binford decisions erased our rights. Republican Legislators have been working on getting them back.
And to be clear, no one is saying there’ no need or use for decisive executive authority in a crisis. They are saying that after two or three weeks, the opinion of more than one person or their advisors is necessary to ensure that individual rights and liberties are not being sacrificed unnecessarily.
The past 14 months are all the proof you need that a check on that power is not just necessary but imperative. Voters in PA saw through the Governor’s smokescreen because they felt the pain of the abuses of power absent any checks. A misuse affirmed by the courts.
Legislators stepped up to put a check on that power, and the people backed their play. We’ve no “constitutional referendums” yet, but there’s legislation that needs your support. And not just in PA or NH.
After 9/11, legislatures’ knee-jerk reaction to that tragedy lead them to hand over too much power to state governors. Almost twenty years later, it is our responsibility to ensure that there are limits and a means to claw that power back because those drawn to power will abuse it.
You are not just a witness to it, but a victim, and not just ‘cuz COVID. PA voters stood up to protect their rights, now it’s your turn.
