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Nazareth, Pa., United States

Thursday, June 11, 2020

Does Legislative End to Wolf's Emergency Power Mean Anything?

In its decision dismissing a challenge to Governor Tom Wolf's business shutdown, the Pennsylvania Supreme Court noted that the General Assembly by concurrent resolution "may terminate a state of disaster emergency at any time." That's what happened on Tuesday when the state house and senate voted, largely along party lines, to end Wolf's broad emergency powers. But does it matter? Wolf will refuse to endorse this action, and it's unclear whether a simple or 2/3 majority is needed to put an end to the nightmare. And even if it does, Health Secretary Rachel Levine has issued parallel orders under the authority of the Disease Act.

Without question, Pennsylvania's General Assembly gives the Governor broad powers to declare and continue an emergency. His initial declaration can last 90 days, and he can extend it unilaterally. In 10 states, a governor's emergency declaration expires in less than thirty days. In 16 states,emergency declarations are limited to 30 days. Pennsylvania is one of just five states that allows emergency declarations to last 60 days or more. So in a way, the legislature has created this monster under which the power to make and enforce laws are vested in one and the same person. That is tyranny, but we allowed it to happen. Now the legislature is trying to put the genie back into the bottle, but most legal experts say Wolf's dictatorship will continue.

He's certainly no Cincinnatus.

30 comments:

Anonymous said...

Our president has committed numerous acts of tyranny, so honestly I can't get upset about this at all based on that alone. And Wolf's actions if anything, are protecting us. Personally, erring on the side of caution is the common sense thing to do. Our president has no common sense, only a sense of doing what is in his own interest. Like not allowing a cruise ship to dock in Florida in the beginning of this mess, because it would hurt "his numbers". Anyone remember that one? He screws up daily so maybe you forgot. Numerous states have increasing numbers of coronavirus infections. We don't want a resurgence here.

Anonymous said...

How ironic. You condemn Wolf as a tyrant for his emergency powers, yet you praise your buddy McClure for the same thing. McClure has run the county like a little kingdom for months', even told his council if they told him something he didn't like he would ignore them.
What is the difference other than you really like one and hate the other.

Doc Rock said...

I hear there's an opening for an assistant manager at a True Value hardware store in York.

Anonymous said...

When was the 90 day rule enacted, what party was in charge, who brought the bill to the floor and who signed it into law?

Bernie O'Hare said...

When the power to make and enforce laws is vested in one person, that is tyranny. McClure has actually surrendered nearly all his emergency powers, save for requiring people to submit to temp checks and masks at county buildings. He never told Council that he would ignore them. That is a flat out lie.

I dislike Wolf bc he pretends to be a common man and is actually a condescending elitist. He ran as a reform candidate but has really done nothing other than a gift ban. He ordered counties to install new election machines to settle a frivolous suit, and without consulting with them. He imposed a shutdown without even discussing the matter with business leaders. He screwed millions of Pennsylvanians, putting them out of work even though he had to know his unemployment infrastructure was woefully inadequate. Emails go unanswered and the system constantly crashes. He has incompetents in his cabinet, from a labor secretary who does not know what he is doing to a pediatrician managing a pandemic. She in turn refused to test at nursing homes, where residents died at alarming rates while moving her mother out of a LTCF. Finally, he has displayed zero leadership.

Bernie O'Hare said...

"Our president has committed numerous acts of tyranny, so honestly I can't get upset about this at all based on that alone. And Wolf's actions if anything, are protecting us."

Trump has been terrible as well, but his failures are no justification for Wolf's subpar leadership. I also dispute that Wolf protected us. That's nonsense. His actions killed numerous nursing home residents and put 2 million people out of work, and they are still struggling.

Anonymous said...

Wolf is destroying small business in pa. He does not care - he thinks he is saving people-he is actually killing more people and that is why he will be part of Biden's cabinet.

Bernie O'Hare said...

"When was the 90 day rule enacted, what party was in charge, who brought the bill to the floor and who signed it into law?"

You should look that up as I suspect you wish to make a political point. I know the law was enacted in 1978, when Milton Shapp was Governor. I have no idea who proposed it or what party was "in charge."

I believe Democrats were in control, at least in the Senate, and the legislation was a reaction to a cold snap in which Governor Shapp ordered all schools to close.

http://www.pacourts.us/assets/files/page-1305/file-9472.pdf

Anonymous said...

What a weenie.

Anonymous said...

"McClure has actually surrendered nearly all his emergency powers, save for requiring people to submit to temp checks"

So those were his powers to "surrender"? Is that true? Or is it true he never had those powers until granted by the county legislature? If so he surrendered nothing, they took them back rightfully. What is he had not "surrendered" his powers, what would he be then? He and wolf did the same thing. You really are playing a game here that is disingenuous. It is all based on personalities you like an dislike.

Anonymous said...

Tyranny. Really?
We get it. The shutdown affected you personally.
I notice you don't spout off any longer about how Sweden took the right approach with the concept of herd immunity.
They now rank 6th for number of infections per 100,000 population, with the biggest spikes coming in June.

Anonymous said...

Problem in areas that blew off the warnings are now spiking. The virus is real and it is killing people. It is sad you promote the stupidity running rampant in this nation. The selfish attitudes of know nothings will cause great damage to our county before it is over. No thanks!

You demean leaders who have the facts and are trying to protect the population.

Anonymous said...

12:06 YOUR AN IDIOT, HOPEFULLY YOU HAVE A BUSSINESS THAT WILL NOT RECOVER ..LETS SEE HOW FOND OF FUCKHEAD WOLF YOU ARE THEN....ASSHOLE!!!!

Anonymous said...

Cincinnatus statue - tear it down whitey. Cracker Barrel is next.

Anonymous said...

Wolf is a fool, who cannot think past his ideological supporters, who if they had there way would shut down all small business permanently, after all they are all capitalists hoping to reap a profit. He is enabled by a corrupt media who will never criticize a democrat no matter how incompetent. Many have still not received their unemployment, disgusting. Kudos to you Bernie for at least in this situation being objective.

Anonymous said...

I know this, in Pennsylvania, it will be Democrat politicians who will lose votes over Wolf’s gambit. Governance by Democrats, across the state is not looking very attractive. Not even nationally, I think.

Now, don’t roll out any poll, from anywhere. They mean nothing to me. Too many polls are being rigged by over-sampling and various other tricks.

Don’t even cite what you read in the Morning Call, they’re complicit in the stories they choose. A disinformation campaign never seen before to this level is underway. Besides, what’s claimed for our locale isn’t very relevant outside this immediate area.

Anonymous said...

Kudos to Cuomo, Murphy and Wolf who have been able to contain a significant portion of the virus fatalities to nursing homes in the East. The other 47 States are immensely grateful for their foresight, wisdom and courage. We look forward to retirement in future facilities bearing their names.

Anonymous said...

Drive around towns everywhere in the valley. It's not that small businesses are closed, soon to reopen. The stores are empty.

Anonymous said...

Nah, 6:52, this year the Democrat Governor MVP has to go the State of Washington’s Jay Inslee. Now, there’s leadership and innovation! The good people and businesses of Seattle must love him. He’s a little shy, maybe. Claims he knows nothing of a brand new nation walled off there downtown.

Here’s the message folks. Some elected (?) politicians are in WAY over their heads, or maybe they are really working for someone else, not you.

Anonymous said...

Bill Gates should donate his sprawling estate to the People's Party of Seattle.

Anonymous said...

Whatever happened to that Supreme Court decision you predicted?

Anonymous said...

4:00 am and 4:23 am spot on

Anonymous said...

Wolf is blinded by his own delusions of grandeur. He just ignored two citizen advisory committees that decided now is not the time to implement RGGI via executive order. His response? tough titties. Beware the lame duck gov/pres with the power of issuing executive orders at his leisure.
Saul Alinsky would be proud of little tommy boy.

Anonymous said...

How is it a "dictatorship" when (1) the popularly-elected legislature enacts an emergency statute, either with the then-governor's signature of a veto override, (2) twice-elected Gov. Wolf implements the statute, and (3) the PA Supreme Court affirms?

Answer: it's not. You just don't like the outcome.

Bernie O'Hare said...

"An elective despotism was not the government we fought for; but one which should not only be founded on free principles, but in which the powers of government should be so divided and balanced among several bodies of magistracy, as that no one could transcend their legal limits, without being effectually checked and restrained by the others." - Thomas Jefferson

" "The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, . . . may justly be pronounced the very definition of tyranny." Federalist No. 47

Bernie O'Hare said...

The answer is yes, it is tyranny, according to our Founding Fathers. An anonymous troll says it'snot, lol. Go hijack a blog.

Anonymous said...

PA experienced a year's worth of suicide attempts in the last four weeks. Hundreds or thousands have died from failure to get early detection screenings, follow up with life-saving therapies, and emergency room care. The elderly were herded into homes that were required to take covid patients, creating death camps. Deaths were unattended by family members and funerals limited in size. Protesters demanding the right to open their businesses were called cowards and derided for assembling dangerously. It was a different story when Wolf finally crawled from his shelter to break Dr. Dick's rules for a left-wing protest. Wolf behaved like an unchecked authoritarian and killed Pennsylvanians, primarily the elderly. He's Pol Pot with a child molester's beard. But I heard he drives a Jeep, so he's OK.

Bernie O'Hare said...

I am ashamed to have voted for him.

Anonymous said...

Wolf is an arrogant asshole but the pa. voters voted for him twice as long as people vote for liberal people this is the type of leadership you will get. Their are other states just ruled like the liberal wolf. vote liberal see what happens.

Anonymous said...

McClure for Governor. The King is dead. Long live the king.lol