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.
In N.J.
coronavirus public-health emergency extended 30 days. State of emergency
remains in effect., Matt Arco and Brent
Johnson reported for NJ.com
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:
The
Permission Society: How the Ruling Class Turns Our Freedoms into Privileges and
What We Can Do About It by Timothy Sandefur
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