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Connecticut’s Unconstitutional Abdication of Legislative Power

Looney, Lamont and Duff

The government of the United States and, derivatively, the government of Connecticut is, we were told by our fifth grade teachers, a three stroke engine containing executive, legislative and judicial departments.

Each of the three branches of government is separate but equal. The separation is a result of functional differences: the legislature is constitutionally authorized to make laws governing the state, the executive department to enact the laws made by the legislature, and the judicial department to exact just punishment upon law breakers. In addition, state and national appellate courts, including high courts such as the U.S. Supreme Court and state Supreme Courts,  review laws, striking down those that are deemed unconstitutional. The three branches of government are equal in power and moral authority -- provided each operates according to Constitutional prescriptions.

My fifth grade teacher, Sister Immaculata, knew all this and passed on to her students the above accurate depiction of the American Way and, at the time, there was not a single state legislator, governor or judge in Connecticut who might have found fault with her presentation.

For more than a whole year, the state of Connecticut has been operating with a one-stroke engine, chugging along as best it can, we are told, owing mostly to a Coronavirus pandemic. The reaction to that pandemic here in Connecticut has been, to use correctly a much abused expression, an un-American reversion to a pre-constitutional order.

We as a nation shed autocratic government when, following a Continental Congress, the nation was founded somewhere between 1776 and 1788, after New Hampshire became the ninth state to ratify the Constitution – not, as the editors of the New York Times proclaimed in the “1619 Project”, when the first slaves set foot on the continent.

“One of the primary reasons the colonists decided to declare their independence from Britain,” the historical revisionists of the 1619 Project proclaimed, “was because they wanted to protect the institution of slavery." Their positioning the “founding” of the United States in 1619, the authors explained following a barrage of criticism from notable historians, was “metaphorical.”

Sister Immaculata, who knew what a metaphor was and was not, might have agreed with the author’s lightheaded, metaphorical emendation.

Senator, now Vice President Kamala Harris, said at the time, "The 1619 Project is a powerful and necessary reckoning of our history. We cannot understand and address the problems of today without speaking truth about how we got here." Andrew Sullivan, by no means a right winger, noted that the Project’s view of slavery was well worth hearing, but it had been presented in “a biased way under the guise of objectivity.” The left did not receive the Project’s revisionism affably. The World Socialist Web Site labeled the Project a politically motivated "falsification of history" wrongly centered around racial rather than class conflict, and Adolph L. Reed Jr., a Marxist political scientist, rudely dismissed the 1619 Project as "the appropriation of the past in support of whatever kind of 'just-so' stories about the present are desired.”

Roundly derided, the Project has never-the-less made its way into America’s cancel culture outposts of higher education, and Connecticut, on the brink of shaking off the Coronavirus menace, appears to be waddling its way to an autocracy based purely on legislative cowardice and super-efficient government. Stalin, one of the two principal bloodstained autocrats of the 20th century – the other was Chairman Mao of communist China – probably would have greeted the notion of an American suspension of the doctrine of the separation of powers  as a bridge to the Marxist-Leninist dystopia.

Now we all know that millionaire Governor Ned Lamont of Connecticut is no Marxist. But Lamont clearly is not committed to the doctrine of the separation of powers, which is to Marxist-Leninism and quasi-Marxist-Leninist progressive utopians what the Coronavirus vaccine is to the expiring pandemic.

Lamont and the progressive Democrat controlled General Assembly, which has not for a full year formally assembled to conduct in public the public’s business, like the efficiency of autocracy. So did Julius Ceasar, Czar Nickolas of Russia, Kaiser Wilhelm of Germany, and King George of England. Anti-republican autocrats like pulling regulatory rabbits out of anti-separation of powers top hats. They dislike the messy public exposure that is a necessary part of republican government. And they like to conduct the public’s business in previously smoke filled private caucus chambers. The clamor of democracy they regard as an impediment to good government, and the strictures of constitutions they view an impertinence to efficient governance.

Most recently Superior Court Judge Thomas Moukawsher threw a mud pie at Connecticut politicians comfortable with Ceasarism, Czarism, Kaisarism and Lamontism, when he wrote in a “Memorandum of Decision on Summary Judgment” that the “how” of republican government cannot summarily be dismissed as unimportant. “General Statutes §28-9” the judge ruled, “must include a way for the General Assembly to disapprove all orders the Governor issues under the statute,” and “For his orders to date (emphasis mine), the Governor must submit his orders to the General Assembly to be ratified or rejected.”

President Pro Tem of the State Senate Martin Looney was undisturbed by the judge’s ruling. Asked recently to speculate on whether the state Capitol in Hartford would remain closed to the public until the legislative session ends on June 6, a phlegmatic Looney told a Hartford paper, “It is hard to predict right now.” Lamont’s numerous regulations are yet to be reviewed by the Democrat dominated General Assembly, but it is not difficult to predict that Lamont’s constitutionally questionable usurped powers, due to expire April 20, will be extended by a slothful legislature perhaps to mid-May. In politics, numbers matter, and Democrats, increasingly progressive, have sufficient numbers to ride roughshod over minority Republicans. What really is the point in having absolute power, if you are not willing to abuse it?  

 

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