Lawmakers should be able to check governor’s emergency powers

Published 1:30 am Friday, February 11, 2022

Thank you for the informative editorial on the emergency powers of the governor (“Governor’s emergency powers need legislative review,” The Herald, Feb. 3).

However, I disagree with some of the suggested changes.

There are occasionally situations that require immediate and decisive action by the state. The governor is the only official who is capable of providing this action. I think this power should be unlimited in time and scope, but subject to the power of the Legislature to rescind it by a simple majority in both houses. Requiring a two thirds majority places too difficult a burden on the Legislature to exercise its function as an effective check on the power of the governor.

The willful violation of a governor’s order should remain a gross misdemeanor.

As such it is subject to a possible, but not inevitable, jail sentence. The actual punishment in any particular case, whether a fine, jail time,or a suspended sentence, is at the judgement of the court. (A judicial check on the powers of both the Legislature and the Governor.)

As a civil infraction it could only be punished by a fine, no matter how egregious or harmful it might be to public safety. There are some occasions that require effective punishment, and a civil fine would not be effective punishment.

There is never any guarantee that a governor and Legislature will always act wisely with the power they are given. We just have to pay attention to who we vote for.

Charles DeBruler

Everett