A constant refrain among almost all state and local government officials on the Republican side of the spectrum has been frustrations over Gov. Tom Wolf’s response to the coronavirus. The initial restrictions to businesses and gatherings were enacted on March 6, 2020, following two (yes, two) presumptive positive cases of the COVID virus in Pennsylvania. The purpose was to “flatten the curve” of the virus’s expected spread and was initially proposed for two weeks.

This was perfectly legal as Pennsylvania, like other states, has provisions for the governor to bypass the state government to deal with an emergency crisis for a maximum period of 90 days. The law is very broad and focuses on natural disasters such as hurricanes, tornados, floods, snowstorms, explosions, and the like. It was meant as a shortcut to get aid out as quickly as possible.

However, what has never been used before, was an extension of those powers. It was not designed for the “emergency powers” to be extended every 90 days to infinity. When the state legislature challenged this, the State Supreme Court voted that Governor Wolf could do exactly that. The cynic might question their objectivity given that five of the seven judges are from the Democratic Party.

Following that line of thought, it is curious that the most coercive effects of unbridled executive authority have come from the states with Democratic governors. The statistical study site, wallethub.com, shows that of the top ten restrictive states, eight have Democratic governors; the two exceptions are in the New England states of Massachusetts and Vermont, which have Republican governors. On the flip side, the top ten least restrictive all have Republican governors with one exception, New Mexico. Unfortunately, politics have played such a part in the response to this virus. There needs to be a return to the rule of law and civil liberties. Still, as these emergency powers laws have been written, the present pattern of unbridled authoritarian rule will undoubtedly continue.

Pennsylvania, the birthplace of our country’s founding documents and government, is yet again taking the lead for this brave new world we have found ourselves in. On February 5th, the General Assembly gave its final approval to a proposed constitutional amendment that limits a governor’s emergency disaster declarations to 21 days and cannot be extended without approval by the state legislators. The bill had to be approved in two consecutive legislative sessions, which the state House passed last July, and the Senate followed suit in October. This proposed amendment will be on the ballot in Pennsylvania’s May 19th primary election.

It will be historic. The eyes of America will be on Pennsylvania in May, and already other states have taken our lead and are drafting similar constitutional amendments. We have been told to “flatten the curve,” “follow the science,” and other such mantras to accept mass unemployment, social disorder, widespread despair, and overall economic decline for the past year based on what was deemed best for us by the governor’s office. Those who believe otherwise will finally have a voice. We, the People, will decide how we wish to move forward on this and other future emergencies.

Primaries in an off-year election generally see low turnouts. This constitutional amendment referendum would check Governor Wolf’s and all future governors’ unilateral, indefinite, unlimited emergency powers. It is my hope that the frustrations and exasperation of those who want individuals and not the government to decide how to walk through these troubling times will get out and vote YES for this constitutional ballot initiative.