Tag: emergency

Categories
initiative, referendum, and recall repeal

Voters, Govern Thy Governor

Governor Gretchen Whitmer, Covid, emergency powers, Unlock Michigan

Is the epidemic of gubernatorial abuse of power ending in Michigan?

During the last year and a half, Michigan Governor Gretchen Whitmer has been widely criticized for prescribing and proscribing all manner of conduct in the name of combatting the COVID-​19 pandemic.

Whitmer claimed that her authority to do so was justified by the Emergency Powers of Governor Act of 1945. On this basis, she promulgated many silly and counterproductive edicts.

These ranged from commandments to stay at home except for certain urgent forms of sallying forth (a lockdown also mandated in other states) to banning the sale of gardening equipment. Among other injunctions, Executive Order 2020 – 42 prohibited advertising of sundry “unnecessary” goods and ordered stores to shutter sections selling carpets, paint, furniture, and gardening materials.

In October of 2020, the Michigan Supreme Court ruled that the 1945 Act unconstitutionally delegated legislative authority. Now voters have weighed in with a citizen initiative. The group Unlock Michigan collected enough valid signatures— “more than 500,000 signatures in just 80 days” — to send a measure repealing the Emergency Powers of Governor Act to the legislature.

Had lawmakers failed to approve the petition, its fate would have been decided by voters at the ballot box. But last week, in a 68 to 40 vote, the Michigan House joined the Senate to certify it — saving a lot of time and money.

In Michigan, a law presented to the legislature thanks to a citizen initiative and then enacted cannot be vetoed by the governor. So that’s it. Governor Whitmer’s access to this autocracy-​enabling law is gone. 

This is Common Sense. I’m Paul Jacob.

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Categories
Accountability term limits

None Dare Call It Careerism

Congress, Emergency, Presidential,

Let’s build a wall, I said last week, between the Office of the President and all these emergency powers our Congress has recklessly given away to the chief executive.

After admittedly “scrambling to figure out” the emergency powers possessed by POTUS, the Washington Post’s editorial board lamented its discovery “that Congress has delegated a surprising amount of emergency or quasi-​emergency power to the executive branch over the years, possibly too much.”

Possibly? Well … it is the Post.

Yet, the paper acknowledges, “The implications for constitutional government are potentially serious.”

The federal government currently operates under “31 presidentially declared national emergencies,” informs Post columnist Charles Lane. “[I]f Trump evades Congress’s refusal to fund a border wall by declaring a national emergency at the border … it would not be the first time a president took advantage of the inherent elasticity of the term.”

Congress last legislated on emergency presidential powers in 1976, a mere two years after Richard Nixon became the first president in U.S. history to resign in disgrace. Yet, even then, the law left presidential authority largely unchecked, and the term “emergency” completely undefined.

Why has Congress simply handed away so much power, writing laws with so little accountability? Has Congress been saddled with inexperienced rookies? No. There are no term limits. This is the product of very experienced career politicians.

Read between the lines. 

“Only Congress can reclaim the emergency powers it has granted the president,” Lane writes, adding … “assuming, of course, that lawmakers want the responsibility back, too.”

They don’t. They prefer their cushy careers.

This is Common Sense. I’m Paul Jacob.

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Categories
too much government

Five-​Alarm Foolishness

emergency, alarm, Trump, Donald, President, power

Will President Trump declare a “national emergency”? Is he that desperate to get the funds needed to build a wall (or steel-​slate fence or barrier of some sort) on the U.S. border with Mexico?

It looks increasingly likely, but who knows … 

What I do know is how foolish and dangerous it is to provide “emergency” loopholes for politicians.

Words have very mutable meanings to politicians. “Emergency” will entail whatever the president invoking it desires. 

In fact, when Congress passed the National Emergencies Act in 1976, the legislation didn’t even bother to define the term, “emergency.” 

Every time I hear “national emergency,” it reminds me of Colorado and Oregon, where state constitutions are clear that an emergency entails a true threat to the health and safety of the public. But since those constitutions protect emergency bills from the check of a citizen referendum, legislators make use of the obvious loophole: a majority of bills in those states now carry a clause dishonestly claiming emergency status.

I guess we should not be shocked to discover that Congress has awarded the president at least 136 emergency powers, as Elizabeth Goitein of the Brennan Center for Justice informs The Washington Post.

Ninety-​six of those “powers” allow the president to act unilaterally.

What sort of blind power giveaways are we talking about? 

Goitein explains that in a declared emergency, under current law, Congress has authorized “the president to shut down or take over radio stations and even suspend a law that prohibits government testing of chemical and biological weapons on unwitting human subjects.”

We need a wall, all right … between politicians and this foreign notion of extra-​constitutional “emergency” powers. 

This is Common Sense. I’m Paul Jacob. 

emergency, alarm, Trump, Donald, President, power

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Categories
Accountability crime and punishment folly free trade & free markets local leaders nannyism national politics & policies too much government

Messed Up State

Marijuana, sand, Nevada, crisis, emergency

After lamenting Illinois’s fiscal decline into America’s “most messed up” state yesterday, lo and behold, today we find the State of Nevada messed up, too.

On marijuana.*

Question 2, passed by voters last November, legalized recreational use of what we used to call “weed” by those 21 years of age and older. The measure also stipulated that — for the first 18 months only — alcohol distributers are solely permitted to carry marijuana from wholesalers to the new retail dispensaries.

Why provide a monopoly to alcohol distributors? 

“[T]he state’s powerful alcohol lobby worried that legalized weed would cut into liquor store sales,” explained the Los Angeles Times. Proponents added that provision as “a concession.”

But still not a single alcohol distributor has been approved to distribute marijuana. 

So, with pot now flying off the shelves of Nevada’s 47 marijuana dispensaries, there is no lawful way to replenish those shelves. Nevada’s DOT (which requested from the governor an official declaration of a state of emergency) warns: “this nascent industry could grind to a halt.”

That’s not just a bummer for pot smokers; it has the governor and the DOT in a state, too. “A 10% tax on sales of recreational pot — along with a 15% tax on growers — is expected to generate tens of millions of dollars a year for schools and the state’s general fund reserves,” notes the Times.

Legalize marijuana, sure. And realize that the politics of it can be more toxic than the drug itself.

This is Common Sense. I’m Paul Jacob.

 

*Is that why the slogan “A World Within, A State Apart” is now featured on the state’s website?

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Categories
Accountability initiative, referendum, and recall national politics & policies

Time to Wait

“You don’t ever want a crisis to go to waste,” said Rahm Emanuel in the aftermath of the mortgage/​financial/​intervention-​induced crisis of 2008. “It’s an opportunity to do important things that you would otherwise avoid.”

The “important things” most politicians want to do usually involve more government controls. Post-​crisis, they hurry to expand the state’s power over us before crisis-​bred emotions like panic and anger can fade.

In doing so, they often blindly ignore relevant facts that even a little time for discussion would bring to light. That’s why Glenn Reynolds argues for a “Waiting period for laws, not guns” in a recent USA Today column.

Efforts to push legislation through while emotions are high mean that the legislation doesn’t get the kind of scrutiny that legislation is supposed to get. Laws are dangerous instruments, too, and legislators seem highly prone to sudden fits of hysteria.

Even New York City Mayor Michael Bloomberg now says we must “start thinking a little bit more about the implications of things before we rush to legislate.” That’s “a bit rich” for Reynolds, since Bloomberg had PR men on standby to exploit the latest mass shooting as quickly as possible.

Still, if even Bloomberg is okay with hitting the pause button, “maybe the next time politicians want to rush a bill through without sufficient deliberation, others will have the fortitude to slow things down, read the bill and inform the public.”

This is not a pie-​in-​the-​sky proposal. In many cities and states, today, an informed public can even petition a hastily enacted law onto the ballot for a referendum, at least when legislators don’t slap on a phony “emergency clause” to speed their worst enactments past the people.

This is Common Sense. I’m Paul Jacob.