Guest Post by Willis Eschenbach
We have just seen, up close and personal, the major problems with the declaration of a State of Emergency by a number of powerful people from the Mayor of the city to the President of the United States.
Legislators, this is a complete usurpation of your legal powers as set forth in the Constitution, which defines the responsibilities and powers of the three branches of government.
Basically, any elected official can say:
“I personally now declare that I have Emergency Powers because of an Emergency which I personally just declared a True Emergency! Bow before me, mortals! “
We just saw this done by the President of the United States to give him the power to do things like write the largest check in American history to student debtors.
How can that be? Legislators, the President is stripping the House of Representatives and the Senate from the power of wallet and claiming to have the power to write checks of any amount to anyone he pleases! That is completely wrong!
Not to mention the Governors’ claim to have the power to keep people in their homes, force them to take medication, close their businesses and a host of other restrictions because of the COVID emergency.
And my own fear?
I fear that these stringers will declare a “climate emergency” that will allow them to take whatever “climate” action they want – shutting down industries, banning cars. , require a heat pump, the possibilities are endless.
So… how can we fix this badly broken system?
Here is my suggestion:
First, we need to define what a real emergency is. Dictionary definitions as well:
emergency
/əˈmərjənsē/noun
a serious, unexpected and often dangerous situation that requires immediate action.
“Your quick response in an emergency can be a lifesaver”
This is a useful definition. For example, they have warned us about the impending climate Thermageddon™ for fifty years. None of their warnings about disaster came true.
And for 50 years, they’ve been claiming that we need “immediate action”, immediate… and even though we’re essentially zipping, no climate disasters have happened.
So, by definition, the situation with the climate is not an emergency. No surprises, no immediate action required.
In all cases, we need clear laws at both State and Federal levels that specify things like:
• What constitutes an emergency.
• Who can declare an emergency.
• How long does the declaration take.
• What emergency powers the government can legally exercise.
• What emergency powers the government cannot legally exercise.
With that prologue, if I were to run a circus, I’d come up with rules like this.
• Apply the definition of “urgent” above.
• Only the declaration of a State of Emergency by a vote of two-thirds of the Legislature is allowed. If you can’t get 2/3 of the Legislature to agree that it’s an emergency, it’s not an emergency.
• Any State of Emergency will expire 14 days after the date of the vote. Then pass common laws on a regular basis.
• No Legislator eligible to vote on a State of Emergency may be granted any emergency powers.
• No Emergency Order may be contrary to the State or Federal Constitution.
• Members of the Executive Branch cannot use the State of Emergency to spend money without approval from the Legislature.
• All Emergency Orders will expire when the State of Emergency expires.
Well, I know that’s just the first stub of what we need, depending on “One hundred visions and revisions before enjoying toast and tea” … But obviously we need something like that.
Because I don’t want someone from either politically empowered party to say I couldn’t leave the house for months on end based on some bogus Chicken Little claim that “The sky is falling! EVERYONE PANIC! “.
And the current system, where the same person declaring an emergency assumes extraordinary emergency power with no specs or limitations, that’s the goose’s money. Nothing good will come of that.
Sincerely to all of you,
w.
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