Previous Story
Curb in governor’s emergency powers sought
|
Posted on May 18 2008
A lawmaker has proposed a constitutional amendment limiting the governor’s emergency powers.
Rep. Joseph James Camacho introduced a legislative initiative prohibiting the governor from declaring a state of emergency to deal with a financial crisis. A state of emergency will only be allowed in cases such as an invasion, civil disturbance, natural disaster, or other calamity.
According to Camacho, Gov. Benigno R. Fitial and his predecessors have improperly used their emergency powers to take over government agencies experiencing financial difficulties of hardship. Neither the Constitution nor any of the statutes explicitly authorize such use of emergency powers, he said.
He added that “to allow the governor to use his emergency powers to take over a government agency without legal authority is tantamount to martial law and would abolish the checks and balances built into our democratic political system in the Commonwealth.”
Camacho also argued that existing laws provide sufficient remedies to deal with a government financial crisis.
“In order to protect the integrity of the NMI Constitution and Commonwealth law, and the separation of powers of the Commonwealth government, it is necessary to prohibit any government from using his or her emergency powers … to declare a state of emergency over a government agency simply because such agency is experiencing financial difficulties or hardship,” he said.
The legislative initiative arises from the House of Representatives’ disagreement with the governor’s recent takeover of the Commonwealth Ports Authority, which is having troubles meeting the terms of its bond indenture agreement.
To become a law, the proposed constitutional amendment must be passed by three fourths vote of each house of the Legislature, and approved by a majority of the voters.
