Las Vegas Review-Journal
February 21, 2021
Checks and balances work only when one branch of government is willing to check another.
For almost a year, Nevadans have endured varying levels of restrictions from Gov. Steve Sisolak. There have been limits on schools, businesses, houses of worship and even gatherings at personal residences. The governor has issued those rules in an attempt to slow the spread of the coronavirus.
His directives have been controversial, especially as the pandemic has dragged on. But it’s how the restrictions came about that should be even more concerning.
In Nevada, the legislative branch is charged with creating laws. The governor and the executive branch put them into effect. It’s an example of the separation of powers, which is an important check on conflicts and tyranny.
“The division of powers is probably the most important single principle of government declaring and guaranteeing the liberties of the people,” the Nevada Supreme Court wrote in a 1967 decision.
Gov. Sisolak’s various COVID edicts, however, were never passed by the Legislature. He’s been the one authoring the emergency declarations he then enforces. He’s assumed the dual powers of two government branches.
There are limited scenarios when that consolidation of power may be temporarily appropriate. The Legislature laid out many of them in Nevada’s emergency management statutes. They include an enemy attack and natural disasters, such as fires, floods and storms. In the face of an immediate threat, there sometimes isn’t time for lawmakers to meet. Unified, direct action has its place. READ MORE HERE