Possibly you have heard the “good news.” With the budget held hostage, your Freedom Caucus Representatives have reached a backroom deal with the Governor over State of Emergency (SoE) reform.
Soon you will likely hear Sununu and Senators and Representatives all congratulating themselves and groups taking credit for the brilliant political maneuvering and clever gamesmanship and hard work, etc.
But what really have they done? Are we actually any better off now than before? Let’s take a hard look at the giant elephant in the room they have ignored.
Much of the 2020 election and “red wave” was, in part, due to a push for SoE reform. There was a push from Constitutionalists and Liberty-minded voters to limit emergency powers evoked by the governor and provide oversight for executive orders. This was of course a political hot potato for the GOP and any candidates that wanted the blessings of the Party and Governor Sununu.
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Still, there was enough dissent among Constitutionalist candidates elected and even whispered in some establishment circles that SoE reform legislation was a given this session and several Representatives began drafting bills to address it.
I was included in one of the first planning meetings with Tim Lang, Andrew Prout, and Bill Marsh. I listened as they discussed their best ideas of how to limit the Governor’s powers and add legislative oversight. The ideas mainly revolved around amending RSA 4:45 to strip some power from the Governor and give it to the Legislature. They were all basically variations of, “After some period, the House gets involved (although it could have terminated the SoE already but wouldn’t) and possibly exercises some oversight of the Governors Emergency Orders.”
They grinned when I made the observation that none of their solutions actually limited power; they only spread it around so they could get a taste. Nothing they proposed actually took power from the Executive or Legislature and returned it to the People. One dictator may be cruel and four hundred dictators possibly less so, but they are both dictators still if not limited in their power over the People. After all the sound and fury, what do we really have? Whether amendments proposed by the House, that required a vote of the Legislature to approve renewals or the amendment weaseled into the budget by the Senate, that produces no meaningful change other than extending the time between renewals, do any of these actually limit the power exercised over the People and return any of it to them? No!
If any of our Representatives wanted to actually reform and limit SoE powers, they would want to clarify and qualify the criteria under which a SoE may be evoked and require a standard of proof be met within a reasonable period so emergency powers cannot be abused by this or future Governors for lesser cause. That would actually limit power to declare a SoE in the first place. But that is still secondary to the giant elephant in the room.
A State of Emergency does not suspend the Constitution or the People’s rights and essential freedoms. Neither the Governor, nor the Senate, nor the House has any constitutional authority whatsoever, under any circumstance, to suspend the Constitution or strip private Citizens of their constitutionally guaranteed rights or essential freedoms, even temporarily.
There is no circumstance under which private citizens require permission from the House, Senate, or Governor to exercise their constitutionally guaranteed rights and freedoms; to leave their homes, to travel, to work, to open their businesses and earn a living, to go to church, to congregate in groups with friends and family or to peacefully assemble in the Peoples general court to petition for the redress of grievances! We are free!
This is our government and our Representatives need our permission to evoke our authority and that comes from the Constitution; not from whatever bills they can dream up and agree upon among themselves and pass off as law.
Every Legislator that agrees to rules and bills giving themselves powers not specifically granted by the People in the Constitution, by their vote or signature joins a pact to a criminal conspiracy to commit treason under color of law! They are all guilty! Ignorance is not a defense. Best intentions are not a defense!
It doesn’t matter how they split the loot! If they take what is not theirs to take, are they not all thieves! What greater property do we possess than our rights and freedom. Have they been restored to you? No, they have not! They have only adjusted who can take them from you, and by what process.
If our Representatives wanted to actually limit SoE power and reform SoE legislation to prevent abuse, they would repeal repugnant laws and revise good laws so they can’t be construed to allow these constitutional abuses. They could have used all their wiles and strategies and tricks and games and backroom dealings to add an amendment to RSA 4:45 stating “Nothing in this section shall be construed to suspend the Constitution or any rights or freedoms guaranteed private Citizens therein or retained by the People.”
Sadly, they did not.
Wes Chapmon
New Hampshire Constitutional Republicans
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