Safeguarding the Constitution during times of crisis
Consolidating the legislative and executive powers in the hands of one person is the very definition of tyranny. It has also been the normal state of affairs for the past year under Governor Steve Sisolak, who has asserted the power to regulate everything from the number of family members you can spend Thanksgiving and Christmas with, to what kinds of businesses are permitted to stay open, and even the manner in which churches can operate.
To help prevent future administrations from operating in such an unconstitutional manner and, consequently, undermining the fabric of civil society, the Legislature should enact the following amendments to the Emergency Powers of the Governor Act:
Make it Harder to Misrepresent the Act
Emergencies Must Pose an Immediate Threat
Limit the duration of an emergency
The principle of divided and limited government enshrined in the Nevada Constitution is essential for creating a free and prosperous society.
The initial justification for Governor Sisolak’s unliteral ability to both make and execute the law was represented by the phrase “15 days to slow the spread.”
It has now been over 300 days, and the Governor has shown no indication that he intends to relinquish these tyrannical powers, which are fundamentally incompatible with a free society.
The Legislature must never again allow a Governor to engage in such unconstitutional behavior, which fundamentally erodes trust in both the rule of law and Nevada’s political institutions.
Adopting these recommendations will make it much harder for future administrations to abuse the EPGA and, in so doing, help reaffirm the Legislature’s commitment to constitutional government.