This week, the Tennessee Senate Committee on State and Local Government conducted a hearing on Senate Bill 27, legislation that reforms Tennessee’s emergency powers of the governor to ensure that all actions taken comport with the Constitution of Tennessee.
During the COVID-19 pandemic, many Americans saw their respective governors wield unprecedented power with seemingly unlimited emergency declarations. This overnight shift in governance, coupled with a plethora of governors who abused their pandemic emergency powers, has left several states in recent legislative sessions reevaluating constitutional statutes pertaining to emergency provisions and powers granted to the governor during a state of emergency. SB 27 is no exception.
With the continued economic vulnerability Americans and the dollar have faced in recent years, along with upticks in viruses such as bird flu, it is reasonable for Americans and state lawmakers to be skeptical of more government overreach. Unfortunately, the only thing that some governors need is another emergency or disaster to be used as another justification for unchecked decisions that could deeply affect Americans’ lives.
During the outbreak of the pandemic in early 2020 and in the months that followed, the deciding factor for whether Americans could send their children to school, eat at a restaurant, or go into the office ultimately came down to which state they lived in. We saw overzealous power-hungry governors like former New York Gov. Andrew Cuomo (D) lock down New York, leading to the closure of thousands of small businesses and the sequestration of children at home for months on end. On the other hand, we also saw ambitious governors such as Florida Gov. Ron DeSantis (R) and Texas Gov. Greg Abbott (R) bucking the lockdown trend and pushing for a return to normalcy.
Between the coronavirus pandemic, natural disasters, and hot-button political issues, many states have watched helplessly in recent years as their governors wielded broad emergency powers justified by a myriad of reasons. SB 27 is step in the right direction of ensuring that the governor of Tennessee, present and future, is bound by the Tennessee Constitution when exercising emergency powers.
The concept encompassed by SB 27 is straightforward: it safeguards Volunteer State citizens from any gubernatorial action that negates the very document that gives them power—the Tennessee Constitution.
Since 2020, The Heartland Institute and Heartland Impact developed a set of principles that legislatures could reference if, and when, governors began abusing their newfound powers. SB 27, along with other bills introduced in the Tennessee legislature since then, abide by many of those guidelines:
- Pass a resolution to immediately nullify an emergency proclamation.
- Ensure emergency orders have a clear end date and can only be renewed by the legislature.
- Pass a resolution that requires the governor to call a special session to approve of an emergency proclamation if the legislature is out of session.
- Permit an interim committee or group of legislative leaders to extend or reject emergency proclamations.
- Impose specific limits to executive authority during an emergency proclamation. (i.e., restrict the governor from unilaterally closing businesses, closing houses of worship, or shutting down freedom of the press and the right to bear arms.)
Based on this legislation, there is a clear appetite among Volunteer State lawmakers and constituents to reassert themselves into the debate and create mechanisms to ensure the protection of Tennesseans during a state of emergency.
Governance guided by the U.S. and state constitutions is a bedrock American principle. Through this legislation, Tennessee lawmakers may set an example to the dozens of states that are also looking at reining in executive authority.
The following documents provide more information about executive authority in a state of emergency.
Testimony Before the Georgia House Judiciary Committee regarding legislative and executive authority in a state of emergency.
Andrew Cuomo Is Just a Governor, Not a God
Cuomo has issued multiple statements in an attempt to quell the backlash and frustration of New Yorkers and lawmakers in Albany to no avail.
Governors, Not Gods – A Heartland Institute Webinar
The Heartland Institute hosted a webinar on Aug. 27, 2020, for state legislators to discuss how they can rein in governors, who wield seemingly unlimited powers in the wake of COVID-19. For many months, Americans have been abhorred by out-of-control governors who have imposed draconian lockdowns, which have decimated small businesses and people’s livelihoods. For instance, Gov. Andrew Cuomo has been roundly criticized for his heavy-handed and ineffectual response to the coronavirus outbreak in New York, which has drawn substantial blowback. Cuomo has also attempted to coverup his disastrous policy of forcing elderly patients with COVID-19 to return to nursing homes, where they spread the deadly disease like wildfire among New York’s most vulnerable. As the days grow shorter and the temperatures dip lower, now is the time to begin exploring oversight over dictatorial governors and restore power where it rightfully belongs: With we the people, not I the governor.
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Nothing in this Research & Commentary is intended to influence the passage of legislation, and it does not necessarily represent the views of The Heartland Institute. For further information on this and other topics, visit the Budget & Tax News website, The Heartland Institute’s website, and PolicyBot, Heartland’s free online research database.
The Heartland Institute can send an expert to your state to testify or brief your caucus; host an event in your state; or send you further information on a topic. Please don’t hesitate to contact us if we can be of assistance! If you have any questions or comments, contact Heartland’s Government Relations department, at [email protected] or 312/377-4000.
Samantha Fillmore is a State Government Relations Manager for The Heartland Institute.
