Disaster declarations: the governor’s domain

Pennsylvania voters will be asked to vote on two proposed constitutional amendments next month that would greatly restrict the power of the governor during an emergency disaster, such as the ongoing coronavirus pandemic. The proposed amendments are more reflective of the acrimonious relationship between Democratic Gov. Tom Wolf and the Republican-controlled Legislature and do not serve the best interests of the commonwealth in the long term. Voters should reject them.

One of the amendments would limit the length of an emergency declaration to 21 days, and could be extended only through approval of the Legislature. Currently, an emergency declaration lasts 90 days and can be extended indefinitely.

The second amendment would allow the Legislature to terminate a disaster declaration without having to get the governor’s approval.

Both amendments are directly related to the year-long battle between Republican legislators and Mr. Wolf regarding his handling of the coronavirus pandemic. Republicans repeatedly expressed anger over lockdown orders, restrictions on bars and restaurants, masking orders, crowd limits and other measures implemented by the governor and his health officials.

Gov. Wolf has not done himself any favors with less-than-transparent decisions to grant waivers that allowed some businesses to remain open while others were ordered to be closed.

Still, these proposals would take much of the decision making in an emergency out of the hands of the governor and public health officials, and place it with legislators. Politics would take priority, and that’s a frightening thought.

The proposed amendments would substitute the judgment of legislators for the judgment of public health experts and the governor. Do we really want 253 elected politicians making health decisions for state residents rather than experts in public health? And let’s not forget: We’re talking about the state Legislature, which is not known for its nimble and responsive movement on any matter.

The proposed time limit of 21 days on an emergency order is nonsensical. It will mean constant reviews and renewals, creating lag times when important decisions need to be made. Reminder: An emergency order entails an emergency.

At the moment, Republicans control both chambers of the Legislature. What if in the future, Democrats control one chamber and a 21day emergency order expires and is not renewed? Who would be making the decisions necessary to address public health and safety if the two chambers are not in agreement?

This situation is not unique to Pennsylvania. In neighboring Ohio, Republican lawmakers overrode a veto by Republican Gov. Mike DeWine — who generally got high marks from the public for his handling of the pandemic — to enact a bill requiring legislative approval of emergency actions every 30 to 60 days.

Constitutional amendments should be made with an eye toward the future as well as current circumstances. These proposals focus too much on the current contentious relationship between the governor and Republican leaders and should be rejected by voters.