Let’s be clear, the public health crisis is real and merits response based on sound science and a genuine conviction that people are more important than profit margins. But, the things we are sacrificing-our individual rights and freedoms-are not easily reclaimed. Part of the problem is that crises empower executives, already the most powerful branches of federal, state, and local governments. Governors across the country have been empowered like never before as they unilaterally close schools, houses of worship, and economies.
While discourse cautiously turns to questions of rebooting the American economy, state representatives and senators remain dispersed. Similarly, the halls of Congress have been eerily quiet for weeks. But legislators should lead by example and reconvene. I know I’m not the only elected official hearing pleas to reopen the economy or complaints from constituents that governors are acting without the legislatures. These constituents are correct: there should be no way executive branch authorities can do all of this without votes from the legislatures-but they have. If executive branch authority remains this expansive, freedom’s days in America may be numbered.
Does that mean the legislatures would take significantly different actions? Likely no. But if the state legislatures vote, they may ratify their governors’ decisions, adding legitimacy to state actions. Executive leadership is inherently lonely. Governors should welcome the support of their legislatures to do right things the right way.
Additionally, investing so much authority in the governors’ offices is both a recipe for tyranny and a failure to consult with the electorate via their duly elected representatives. Many of these executive branch mandates to address the pandemic require input from the legislature for exactly these reasons and to ensure that all the peoples’ representatives, not just a select few, have input on such monumental decisions. These policymakers have a duty to serve the people they represent; as a republic, this reflects the will of the people. This is the elegant structure established in the Constitution, and it has not been functioning properly during this pandemic.
Safely keeping Congress and the statehouses operating as normally as possible is a sign of strength we owe to the American people. Often, the most useful thing Congress accomplishes is killing bad ideas, and right now some of them are about as contagious as COVID-19. Conference calls are useful and necessary to avoid large gatherings, but sometimes there’s no replacement for (safely distanced) face-to-face conversations, meetings, and formal hearings about the urgent needs of our constituents.
So, before structurally surrendering this republic to unitary executive branch decision-making, the legislatures of this great nation better deem themselves essential and SAFELY get back to work on behalf of the American people. They will either lend credibility to the beleaguered executives who have selflessly made heavy decisions, or in some cases they’ll need to reign in overzealous authoritarians who see this as a prime opportunity to fundamentally remake America with their own priorities. In any case, the people of this great nation need to see a responsible path to re-opening our economy and institutions while addressing public health and always defending freedom. Let’s get back to work- safely-and lead by example!
I appeal to Speaker Pelosi, Leader McCarthy, and my colleagues to lead by example and reconvene Members of Congress in Washington to assure the American people that despite this pandemic, the People’s House is safely open, active, and accountable.
U.S. Rep. Warren Davidson (R-Troy) represents the 8th Congressional District, which includes Butler County.
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