To all Arizona State Representatives:
Please review AZ Statute 26-303 (Emergency Powers of Governor).
During a “State of Emergency” the Governor shall have “COMPLETE authority over ALL agencies of the state government…”
The Governor himself/herself is the single source of the determination and declaration of an emergency. “Emergency” is so vaguely and broadly defined that virtually ANYTHING will serve as an excuse to make such a declaration.
I intend no hyperbole or figurative language here: By law, Arizona is a de facto dictatorship.
I think our state legislature should rethink that statute’s intent and language, even if only for the ambitious protection of the power of the legislature itself.
It is worth noting that the single statutory provision (26-303-J) limiting the Governor’s complete authority is one that prevents him from imposing restrictions on firearms. The statute specifically cites the 2nd amendment to the U.S. Constitution.
Now, I’m a big fan of the 2nd amendment. But then, I’m a big fan of ALL the rights enumerated in the U.S. Constitution, and I think every American/Arizonian would agree. Just as adamantly as we do our right to “keep and bear,” we should preserve and protect our rights to assemble, to express religion, to freedom of movement, etc. The language of 26-303 clearly indicates that our State Legislature does not concur. This simply shocks the conscience.
Unchecked governmental authority is unconstitutional and anti-American under any circumstances, regardless of party or platform. We can’t arbitrarily abandon our Constitutional rights anytime someone decides to tell us the sky is falling….or that we’re all going to die of a chest cold.
Jay Myers
Kingman
So during floods, fires, earthquakes, and pandemics, lassiez faire activities should continue no matter what? I had 8 relatives I never met, die in the 1918 Spanish flu pandemic. I don’t want to repeat that. Ironic, since Ducey has shown little or no political courage to deal with the pandemic, deferring all tough decisions–and criticisms to local mayors, councils, and boards.