I don’t think that Illinois legislator Dan McConchie has the right end of the stick in his criticism of governors exceeding their powers this op-ed in the Wall Street Journal:
As governors across the country destroy their states’ economies in the name of public health, there is shockingly little oversight of their actions.
In my state of Illinois, Gov. J.B. Pritzker has locked down the state, closing swaths of commerce and limiting the movement of citizens in response to Covid-19. These actions have been challenged in court by my colleague, state Rep. Darren Bailey, and a judge initially agreed to a temporary restraining order on the governor’s emergency measure, but only as they apply to Mr. Bailey. The rest of the state remains under lockdown by the governor’s orders, which continue without oversight.
Normally, the three coequal branches of government impose checks and balances to ensure accountability. Power is divided to allow recourse if one branch grows too intrusive or authoritarian. And while many people have sued governors in recent weeks to demand judicial redress, the judicial branch is reactive in nature, usually declining to disrupt legally plausible actions during a crisis. The legislative branch is a far better source of timely restraint.
His problem is not with the governor but with the legislature and the judiciary. In Illinois the governor’s emergency powers are defined and restrained by 20 ILCS 3305/7:
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; provided, however, that the lapse of the emergency powers shall not, as regards any act or acts occurring or committed within the 30-day period, deprive any person, firm, corporation, political subdivision, or body politic of any right or rights to compensation or reimbursement which he, she, it, or they may have under the provisions of this Act…
I agree that the governor must conform with the provisions of the law but the issue doesn’t end there. The judiciary needs to articulate the law and the legislature needs to be willing to amend the law or to ensure that it is enforced. I see a mutual longing for despotism among all three branches.
I see it as largely a partisan issue. If Republican Bruce Rauner were still governor, he’d’ve already been shut down by the legislature.
However, I agree with this:
Here in Illinois, some of Gov. Pritzker’s limits on commerce can hardly be defended as “based in science.†Even under his latest Executive Order released Thursday, I can visit Target to buy furniture, Walmart to buy clothing or my grocery store to buy flowers. But I can’t go inside a furniture store, a clothing store or a florist, even though those stores could easily adopt the same safety measures required of the retail outlets permitted to stay open.
Oh, they’re based in science all right. Political science and sociology. Keeping Target and Walmart opened prevents people from rebelling against the lockdown and enabling those stores to continue business as usual is easier to administer than forcing them to close non-essential departments. They’re open for the same reasons that non-emergent city services continue.
Government at all levels is providing enormous subsidies to big businesses while putting small businesses out of business. Half of all Americans work for small businesses. Don’t be surprised if, when the lockdowns end, there’s nothing for people working for those businesses to return to.