Look, I understand the logic, but the past several decades show that it’s only the illusion of a check on the Governors/Presidents power.
As we’ve seen time and again, especially when the same party controls the executive and legislative branches, they pretty much always rubberstamp or turn a blind eye to the Governor/President going beyond their statutory authority. The past few years of Trump should put to rest the notion that the legislature can be an effective check on a separate executive branch.
Instead, let’s do what many other democracies have done and put executive powers under the head of the legislature (i.e. Parliamentary democracies). The only meaningful checks we’ve seen in recent years on executive powers have come from the opposing parties. We should formalize that arrangement.
It would be much easier for the States than the Federal government to pioneer the change, like what the West Coast states have done for mail-in-voting.
Isn’t the solution obvious? All GOPers seeking to end their own quarantine should sign waivers of any right to be medically treated, and all required to live alone away from any sane people who disagree.
On October 5, 2020 Gov. Pritzker declared the GOP to be a threat to public health, declared a state of emergency, and issued an order prohibiting them from voting for a period of 30 days.
If the legislation limits the extent of an emergency declaration to 30 days, but doesn’t limit the number of emergency declarations or the time between emergencies, then you have a distinction without a difference. At 30 days plus one second, a governor looks out the window, says “Yup, still a public health emergency” and signs another proclamation. Live by the nitpick, die by the nitpick.
'I’ve not followed the case but I doubt that having called a 30 day emergency that the governor is required to go to the legislature to extend it. It just expires. And if we got struck by a different pandemic he could call another 30 day emergency. So isn’t the proper response simply to declare a second emergency based on what Covid is doing now? The Republicans could then contest it on the reality based grounds as to whether or not the second emergency is justified.
As it is:
Shorter Bailey: I got my rights. The rest of you fuck off and die.
He’s from way down state; his hometown has a population of c.400. I doubt there’s a single ICU bed in the whole county.If the virus hits there, after they deal with the ambulatory, they’ll be going out to farmhouses, and then they’ll know the toll.
Conservatives will tell you they’re defenders of freedom. They’ll defend your freedom to be a protestant Christian. That you’re free to not have an abortion. Free to be heterosexual. Free to be conservative. Free to destroy the environment. Such freedom is so patriotic, too. Praise! Glory!
IANAL, but I will note that the Illinois Emergency Management Agency Act, which is the legislation laying out the Governor’s emergency powers and responsibilities upon declaration of a disaster, specifically limits continuations/renewals for local officials, but does not do the same for the governor.
For local officials: (20 ILCS 3305/11)(from Ch. 127, par. 1061) Sec. 11. Local Disaster Declarations. (a) A local disaster may be declared only by the principal executive officer of a politicalsubdivision, or his or her interim emergency successor, as provided in Section7 of the "Emergency Interim Executive Succession Act". It shall not be continued or renewed for a period in excess of 7 days except by or with the consent of the governing board of the political subdivision.
For the Governor: (20 ILCS 3305/7)(from Ch. 127, par. 1057) `` Sec. 7. Emergency Powers of the Governor. In the event of a disaster, as defined in Section 4, the Governor may, by proclamation declare that a disaster exists. Upon such proclamation, the Governor shall have and may exercise for a period not to exceed 30 days the following emergency powers
As a layperson, I read:
If a disaster exists, the governor may issue an official proclamation of a disaster and activate a 30-day period of emergency powers. I do not see anything explicitly or implicitly prohibiting another official proclamation on day 31 if a disaster exists. I don’t see anything stating that there can only be one proclamation per disaster, even if one agreed that covid-19 pandemic is only a single disaster.
As a semieducated layperson, I’m very aware of how likely it is that a “common-sense read” of a small section of the law can lead one to interpretations that are very far from correct. I’m not going to conclude that the law “clearly” allows the Governor to issue a new proclamation and claim another 30 days of emergency powers. I think you would be wise to consider whether you should be concluding that “clearly [the Illinois Legislature] never anticipated that a given disaster would exceed [30 days], thus the constraints.”
While I applaud your desire to ensure that executives continue to follow the law in emergency/disaster situations, I wonder if you are sufficiently skeptical of the motives behind the legal challenges and of the strength of the challengers’ cases. Political theater is rampant.
