3 ms·
The legislatures have not been wiped out by covid-19. Elections are still being held too. If the legislatures wish to pass laws requiring various establishmen
by cryptonector 7y ago
The legislatures have not been wiped out by covid-19. Elections are still being held too. If the legislatures wish to pass laws requiring various establishments to close down, they can pass them, and if Governors wish to have such laws on the books, they can request them of their respective legislatures. Similarly for the Federal government: Congress is still sitting, and they call their own sessions -- it can pass whatever laws are needed, and even override the President's vetoes if he does.
In the U.S. it's well-accepted, long-established constitutional law that presidential executive orders simply do not and cannot have the force of statutory law without connection to an enabling statutes. The Republican Guarantee clause of the Constitution means that the States have to have separate legislative and executive branches of government, and by extension that gubernatorial EOs also can't have the force of statutory law without the support of statutes -- otherwise Governors could rule without legislatures, as kings, which would be decidedly not a republican form of government.
- nelaboras 7y agoBut is it really democracy in action if a small-r Republicans holds the governor hostage?
- HideousKojima 7y agoYes, obstructionism is just as much a part of democracy as passing legislation, there's no part of democracy that says legislatures have to pass anything presented to them
- vorpalhex 7y agoAre they really holding him hostage by taking him to task for an illegal order?
- cryptonector 7y agoWhat are you talking about. The constitutional system we have is that legislatures are Sovereigns and Executives are Heads of State. I don't care if the Wisconsin legislature is led by one party or another -- it has powers and prerogatives that it has to be jealous of. The governor is not being held hostage, rather, the legislature has to be consulted and may not be ignored.