When Michigan Gov. Gretchen Whitmer tried to extend her state’s shelter-in-place order until the end of June, the Republican-controlled legislature rejected her request and put its foot down. It must do so again in the wake of Whitmer’s retaliatory executive order, which needlessly restricts the rights of Michiganders.
Thousands of Michiganders have already made it clear that Whitmer overstepped her bounds last week when she tightened the state’s social distancing restrictions. These prohibit travel to and from other homes and the sale of gardening supplies, along with a host of other goods now considered “nonessential.” Whitmer appears to care very little about citizens’ concerns and has thus far refused to rethink or revise her latest guidelines.
This is where the legislature must step in. Many lawmakers have already spoken out against Whitmer’s order, including Michigan’s House Speaker Lee Chatfield and Senate Majority Leader Mike Shirkey. But statements of opposition are not enough; the House and the Senate must take action for the sake of the citizens they represent.
Whitmer, like most state governors, has relied on executive orders to combat the spread of the coronavirus. Many of these orders would not have held up in court a few months ago, but given the rapidly changing nature of this public health crisis, this executive authority makes sense. Emergencies require strong, guided leadership, and the executive is better equipped to provide that leadership than the legislature.
But that doesn’t mean state legislatures should sit on the sidelines and let governors work their will. On the contrary: the expanded executive authority Whitmer is enjoying should result in more legislative oversight so that Whitmer’s actions do not become unreasonable or permanent.
Our constitutional system is still the law of the land, pandemic or not. Whitmer can only do what the law allows her to do, and the legislature makes the law. Right now, her authority depends on two statutes: the Emergency Management Act and the Emergency Powers of the Governor Act of 1945. The legislature has the power to amend these statutes, which would then allow Michigan’s lawmakers to amend Whitmer’s latest executive order to better meet the needs of Michigan’s citizens.
Whitmer does not have the right to rule by fiat, and Michiganders have rightly stood up to her attempts to do so. Michigan’s lawmakers have the right and the responsibility to join them.
