by Michael Peroutka
On Monday, May 1st, Judge Andrew Napolitano was interviewed by Stuart Varney on the Fox Business Channel. Asked to comment about a restaurant owner who declared his intention to open his restaurant despite an executive order forbidding it, the judge said this:
“The lockdown in Maine, just like the lockdowns everywhere else, is without legal authority…; the overwhelming majority of Americans may cooperate with it, but it is not the law... governors don’t write the law. Only state legislatures do. What this restauranteur is railing against is an executive order written by the governor of Maine, without the legal authority to do so…I hope he defies the governor of Maine and brings this to a head. And if it ends up in court, he should prevail.”
Judge Napolitano is right.
Only legislatures have lawmaking power. The governor, who is the head of the executive branch, is not permitted to usurp the authority of the legislative branch. Every state constitution has a separation of powers clause which makes this abundantly clear.
And no one – NO ONE -- has the authority to suspend the Constitution.
Consider this: The office of governor is created by the constitution. If the governor “suspends the constitution” doesn’t he suspend the authority of his own office?”
This is nonsensical.
For Governor Larry Hogan to continue to wield pretended authority damages more than our health and economy. It deeply and permanently wounds the formerly great State of Maryland.
This is MAP for Institute on the Constitution, bringing you The American view.