- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: Big day for Louisiana Politics, JBE goes in front of judge re petition to limit powers
Posted on 11/12/20 at 8:10 am to gsvar2004
Posted on 11/12/20 at 8:10 am to gsvar2004
quote:
if they rule the governor cannot be held in check by the other branches of our state government.
Most "checks" of this power involve both the house and the senate, usually with a 2/3 majority, with the issue debated in the legislature.
Just the House with a simple majority, via a "petition"? I would not be surprised if that is struck down.
The GOP should have done this the proper way. But they didn't have the votes for it, because some of the GOP actually supports JBE.
5
Posted on 11/12/20 at 8:13 am to LSUFanHouston
My understanding is the legislature passed a law giving the governor emergency powers and the same law proscribed how the legislature could limit those powers.
Am I right?
Am I right?
Posted on 11/12/20 at 8:34 am to LSUFanHouston
They did do it the proper way. It’s in the law. They used the damn law.
Posted on 11/12/20 at 8:45 am to LSUFanHouston
quote:
Most "checks" of this power involve both the house and the senate, usually with a 2/3 majority, with the issue debated in the legislature.
In terms of overriding a veto, yes. This law states that a majority in either the house or senate can enact this.
ETA:
§768. Termination of declaration of public health emergency
A. The state of public health emergency shall continue until the governor finds that the threat of danger has passed or the disaster or emergency has been dealt with to the extent that the emergency conditions no longer exist and terminates the state of public health or emergency by executive order or proclamation, but no state of public health emergency may continue for longer than thirty days unless renewed by the governor.
B. The legislature, in consultation with the public health authority, by a petition signed by a majority of the surviving members of either house, may terminate a state of public health emergency at any time. This petition terminating the public health emergency may establish a period during which no other declaration of public health emergency may be issued. Thereupon, the governor shall issue an executive order or proclamation ending the state of public health or emergency.
The issue at hand is the Governor completely ignoring part B of this statute. Whether he wants to take it to court or not is up to him, but he is still obligated to end the declared emergency.
This post was edited on 11/12/20 at 8:49 am
Posted on 11/12/20 at 8:53 am to LSUFanHouston
quote:
Most "checks" of this power involve both the house and the senate, usually with a 2/3 majority, with the issue debated in the legislature.
Just the House with a simple majority, via a "petition"? I would not be surprised if that is struck down
But that is exactly how the law, that lets JBE enacted his state of emergency is written. If that portion of the law is deemed unconstitutional, shouldn't the whole law be unconstitutional? Thus making JBE's emergency proclomation unconstitutional?
Posted on 11/12/20 at 9:27 am to LSUFanHouston
quote:
because some of the GOP actually supports JBE.
This is absolutely true. I have no respect for our state's legislature (both house and senate) or for any Louisiana politician really. They only seek to be part of the club. Louisiana has a bad case of celebrity envy. And these politicians believe that being government = celebrity.
Page 1 of 1
Popular
Back to top
Follow TigerDroppings for LSU Football News