Lamont |
Coronavirus, we have been told countless times, has knocked “government as we know it” into a cocked hat. Purely as a practical matter, we in Connecticut have no fully operative legislature or judiciary.
This means that our usual three legged governmental stool –
legislative, judicial and executive branches of government – is lacking
two legs. Only the executive department, in the person of Governor Ned Lamont,
is operating on all cylinders and at, some would say, excessive speed.
A statute that gives the governor near plenipotentiary
powers during emergencies, repurposed when Coronavirus slammed into Connecticut
via communist China and Mayor Bill de Blasio’s New York City, has been operative in
Connecticut for six months. A dominant Democrat legislature has recently extended
the governor’s extraordinary powers yet another five months.
This extension of powers, this sundering of the separation
of powers, some believe, may be unconstitutional and, at the very least, raises
an intensely practical question: At what point do the governor’s extraordinary
powers become ordinary powers? If the emergency powers may be indefinitely extended by ten General Assembly members – and only a functioning General Assembly
may erect borders around the extraordinary powers – have we not then abandoned republican government in
exchange for the security of autocracy?
The ten representatives, a kind of a rump legislature, need
not even vote on the extension of powers. If they bide their time for 72
hours from the moment Lamont has announced he wishes to clothe himself in the
purple robes of autocracy, the measure may be approved without a vote.
The rump legislature – it is unclear exactly who or what they are representing,
other than the wishes of Lamont –need not formally attach their names to
their perfidies.
The exchange of security for liberty, the founders well
understood, was both a Faustian bargain and a breech of republican governance; for security imposed on the people by a small
band of legislators seeking to escape the wrath of their constituents is the
very definition of tyranny. Security of this kind stinks of the prison the
founders hoped to escape by pledging their lives, their fortunes and their
sacred honor to a newly established constitutional republic.
At a recent meeting of the rump legislature, Republicans attempted
to block a five month extension of Lamont’s “extraordinary” powers. Their effort
to shore up republican governance, provoked a stern rebuff from union employed
Speaker of the House Joe Arsimowicz. Which of the governor’s decisions, Arsimowicz
asked “are we so upset about?”
The correct answer is – any decision affecting the whole population that has not been
affirmed by the full body over which Arsimowicz presides. Coronavirus related directives
from the governor that have not been sanctioned by a formal vote in the General
Assembly, the people’s legislative court, should concern all legislators, as
well as the constituents they are, on this occasion, pretending to represent.
If Arsimowicz so cavalierly wants to surrender his legislative prerogatives to the equivalent of King George, he should surrender his seat as well and find other employment, perhaps as an AFSCME Council 4 Educational Coordinator teaching classes on union organizing and bargaining.
The political and social critic Dwight McDonald used to ask
his countrymen ever so often—how would anyone know if the country was sliding
into a new Dark Age?
Similarly, Connecticut voters might wish to ponder -- how would they know if their government was entering, through
a radical historical reversion, what we might call a very old, pre-constitutional,
pre-republican, autocracy?
Even some cautious media adepts are beginning to notice a
seismic shift in the political template.
Lamont presently has more political power at his disposal
than did, say, King George of Britain before the founders of our republic
declared independence from the British monarchy. And even the king, no stranger
to British history, drew the right lessons from the Long Parliament of 1640,
when legislators in Britain asserted their legislative prerogatives and beheaded
their presumptuous monarch, who thought he was above both the law and the
executioner’s axe.
Lamont has no effective loyal opposition in the General Assembly to
contend with, and Connecticut’s Supreme Court, presumptive guardians of constitutions
and limited government, moves exceedingly slowly, if at all – many times in
concert with the party of the governor who had elevated the separate members of
the court to office. That would be the Democrats, who now have a lock on 1) the
governor’s office, 2) the General Assembly, 3) all the state’s constitutional
offices, and 4) the entire US Congressional Delegation.
The solution to what McDonald might call a slide into a pre-American
Revolution slough of despond is simplicity itself: No decision made by the
governor under his emergency powers should be binding without a formal vote in
the legislature, 2) the emergency powers of the governor should not last longer
than a month in the absence of a formal vote in the legislature extending the
powers month by month, and 3) in present circumstances, virtual voting by the
members of the General Assembly should be allowed from under the beds where they
are hiding to escape the ravages of a waning pandemic.
Just do it.
Comments
Unfortunately, the virtuous people required for self-government
by virtue, as it were, of ignorance of and indifference to our republican heritage long since become incapable of controlling the state "constitutional" government. Liberty as been sacrificed for security and satisfaction of special interest appetites, particularly those of public sector unions.
Once the emergency passes, the justification, and therefor the legal underpinning, of the Extraordinary Powers ceases to exist. Although the Powers, when first declared and then extended by the Governor, carried an expiration date, the true expiration occurred long ago, when the emergency passed. The Governor, the legislature, the self-proclaimed health care meritocracy, the Press and by extension the People, have lost sight of the reason and purpose behind the declaration of Emergency. The purpose was not, is not, and cannot reasonably be the total eradication of the disease, no matter how laudable that unrealistic goal may be. The purpose was to get us through the crisis of a threatened hospital system collapse. Mission accomplished. Crisis over. Under our constitutional system of government, Emergency Powers over, even if the time limit has not yet run out.
It is no excuse to say that the Governor's Emergency Powers are legitimate because the legislature has approved the continuation of those powers. The Powers themselves are extraordinary. They allow the Governor to violate laws and even our Constitution in ways that not even all three branches of government working in unison could legitimately violate. If the Governor is doing things which the legislature would like to do, but which would be denied to anyone but the Governor exercising Extraordinary Powers, then why would the legislature be in any hurry to remove or deny those Powers?
Our system of government is not a dictatorship, not even one sanctioned by the legislature or the courts. All power derives from the people in the form of the Constitution. The Constitution does not grant us rights; it gives and delineates limited powers to the Governor, to the legislature, and to the courts, in conformance with the limitations contained within the Constitution itself. With or without legislative approval, the Governor has no authority other than that which is bestowed upon him by the People.
It time for the Governor to relinquish his Emergency Powers. It is time for the legislature to fulfill its role as an equal branch of government. It is time for the People of Connecticut, from whom all legitimate governing powers derive, to demand the restoration of the constitutional authority of our government. It is time for the Press to fulfill its obligation to speak truth to power, and demand that the Governor and the legislators and the courts relinquish the Extraordinary Powers which the Governor claimed to himself.
It does not matter whether the Governor has done a good job or a bad job with his Powers. Even benevolent dictators are not benevolent to everyone and forever.
What matters now is the legitimacy of Power, and the Governor has reached far beyond the time and justification of that legitimacy.