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The Political Uses of Unchecked “Emergency” Powers in Connecticut

"Power tends to corrupt, and absolute power corrupts absolutely" – Lord Acton

 

The word “emergency” is wrapped in laugh quotes in the Hartford Courant story “Senate clashes, passes ‘emergency’ bill. Both major political parties, we now know, have discovered the political usefulness of politically created “emergencies” during and after the COVID pandemic.

 

The Hartford Courant top of the fold story -- “Connecticut Senate clashes over emergency session over warehouse workers, nonprofits, taxes, bottle returns” -- is deliciously sardonic. We are told, “In an all-day marathon, the [Democrat dominated] Senate also voted 26-10 on mostly party lines for an omnibus, 121-page bill on a series of issues that were unrelated to each other.

 

Ordinarily an “omnibus” emergency certification bill would be regarded as an oxymoron because emergency certification, which usually bypasses legislative oversight and public commentary, commonly targets one rather than multiple items.

 

The omnibus bill represents the dominant Connecticut Democrat Party’s second bite of the apple on measures that earlier failed to pass in the state legislature, and it avoids affirmation by a recorded vote in the General Assembly. The chief problem with all emergency legislation is that it treats the separation of powers doctrine as if it were an easily dismissed inconvenience, rather than a guarantor of constitutional liberty. We are willing to tolerate a temporary suspension of constitutional process in cases of true, verified emergencies, when the emergency is singular – but an omnibus emergency certification ought to be regarded by all members of the General Assembly, Republican and Democrat, as a profanation of constitutional governance.

 

“Republicans,” the Courant tells us, “said that Democrats who control both chambers of the legislature were abusing their powers to rush through bills that would normally not be debated until the end of the legislative session. Democrats countered that the issues included some priority measures that had been derailed last year when Republicans staged filibusters as time ran out at the end of the session – thus killing the legislation.”

 

Senate Republican leader Stephen Harding of Brookfield put the matter in sharp focus when he said, “Today is a sad day in the legislature. None of these issues … has anything to do with an emergency … They [Democrat legislators] are usurping the entire legislative process… I don’t believe this is an emergency. I think it comes down to what the definition of an emergency truly is. We should take that seriously … Just because you have the majority, and a large majority, doesn’t mean that people should be taken out of the process … Regardless of who is in power, we should have more respect for the institution.”

 

Far left progressive Connecticut Senate President Pro Tempore Martin Looney disagreed on cue. “We will not apologize,” he said, “for passing legislation that has had a public hearing and has the support of a majority of the General Assembly.” Looney in the past has often presented himself as a guardian angel of democrat protocol, here rudely abandoned. In the future, why not dredge up other questionable bills that had not passed rigorous democratic protocol, cobble them together under a fake legislative “emergency” bill and pass the bill because Democrats in the General Assembly and Connecticut’s administrative state have more than sufficient members to do so?

 

What is the point in having absolute power if you are not prepared to abuse it?

 

One measure in the Democrat’s ominous emergency measure bill may prove slightly embarrassing. The reform legislation affecting deposits on returned bottles or cans, according to the Courant, “says a person must show identification [emphasis mine] if they redeem 1,000 bottles or cans, rather than the current limit of 2,500 containers.” The present law, it appears, is being abused by those living outside the state. “The fines for violating the law will jump to a maximum of $750 for a first offense, up from the current $100 and up to $2,000 or more for a third offense, up from the current maximum of $500. Those who violate the bottle bill three times can be arrested and charged with a misdemeanor.” Many Connecticut Democrat politicians are prepared to vote against a federal measure that would require an ID to be presented by those who vote in elections so as to insure, for instance, that a Guatemala citizen inhabiting Looney’s district should not vote for him. 

 

When Harding “sought a point of order to say that the [omnibus] bill did not constitute an emergency…   Lt. Gov. Susan Bysiewicz, who presides over the Senate, said that the tenets of the rules and the statutes had been met. As a result, the debate continued” and the omnibus bill proceeded on its merry way, according to the Courant, one among many of Connecticut’s fearless media outposts that prides itself as a defender of our constitutional order.

 

Since Connecticut’s emergency powers allows a chief executive or a highly partisan Democrat legislative majority to approve an oxymoronic “omnibus emergency measure,” shouldn’t an aroused media insist that the anti-democratic so called “emergency measures” of both be tailored legislatively to conform to constitutional determinants?

 

Perhaps Looney, Bysiewicz, state Senators Dick Blumenthal and Chris Murphy should be asked the question the next time they begin hypocritically to fulminate, correctly in some instances, against President Donald Trump’s possible abuse of his emergency powers. Trump, by the way, has yet to execute an omnibus emergency power measure.

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