Wednesday, June 17, 2020

NJ Governor Murphy’s June 6, 2020 30-Day Extension of the State’s ‘Health Emergency’ Shows the Need to Reign In Executive Power


NJ Governor Murphy’s June 6, 2020 30-Day Extension of the State’s ‘Health Emergency’ Shows the Need to Reign In Executive Power

On June 6, 2020, New Jersey Governor Phil Murphy extended NJ’s health emergency by 30 days. This was a unilateral action, as have all of Murphy’s moves been since he unilaterally made his emergency declaration in early March.


Gov. Phil Murphy announced Thursday night he’s extending the public-health emergency he declared in New Jersey for the coronavirus pandemic by another 30 days, even as the state’s outbreak continues to decline and his gradual reopening plan keeps moving forward.

The move extends all of Murphy’s executive orders that remain in place to respond to the virus, such as his his [sic] order for residents to stay home as much as possible.

Murphy declared both a state of emergency and a public-health emergency on March 9 as COVID-19 was beginning to spread in the Garden State, which is now home to the second-most deaths and cases in the U.S.

The state of emergency is indefinite, but the public-health emergency must be renewed every 30 days. Murphy extended the order on April 7 and again in early May. This new extension will remain in place through early July.

A state of emergency gives state authorities certain executive powers and safeguards to respond to a crisis. It also allows the state to receive federal aid.

A public-health emergency allows the governor to take broad action to protect New Jersey under the Emergency Health Powers Act.

Governor Murphy’s actions during the COVID-19 pandemic has exposed a dangerous loophole in NJ governance.

Throughout this crisis, Murphy has ruled by fiat.* But, a fundamental premise of American government is the principle of checks and balances. NJ’s constitution honors this principle, by authorizing only the legislature to make law, and the governor to “faithfully execute” the laws. 

When a governor can declare a state of emergency, commandeer whatever “emergency” powers he feels like, make “law” by executive order, enforce his edicts, often unequally, however and against whomever he chooses, usurp county and municipal governments, and extend the emergency declaration in perpetuity, without limit or accountability, we no longer have the rule of law. We don’t even have the “rule of men”. We have the rule of one man--i.e., a dictator.  No branch of government should ever have the power to both make and enforce laws. 

We need an Amendment to the New Jersey Constitution. The amendment should require the governor to get legislative approval, by at least a two-thirds supermajority, before declaring any kind of state of emergency. If approved, the emergency authorization should include a detailed accounting of the nature and limits of the governor’s emergency powers; a requirement for the governor to submit periodic reports to the legislature for oversight purposes; a time limit; and a legislative reauthorization for any extension of the emergency declaration, and related powers, the governor deems necessary. 

We need to extend checks and balances to emergency situations. No NJ governor should ever again be allowed to do what Murphy has done.

* Related Reading:




A New Textbook of Americanism — edited by Jonathan Hoenig






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