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CONCEPTS LEGISLATURES CAN IMPLEMENT TO REIN IN EXECUTIVE AUTHORITY DURING STATES OF EMERGENCY

August 27, 2020

These guidelines are meant to plug into, revise, amend existing state statutes. Additionally, these are not necessarily mutually exclusive.

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  1. Resolutions to immediately nullify an emergency proclamation by resolution.
  2. Resolutions to nullify an emergency proclamation after a certain length of time by resolution. (Fourteen days, 30 days, etc.) Both #1 and #2 can be done with either the approval of both houses of a legislature, or just one house.
  3. Pass a resolution that requires the governor to call a special session to approve of an emergency proclamation if the legislature is out of session.
  4. Permit an interim committee or group of legislative leaders to extend or reject emergency proclamations.
  5. Impose specific limits to executive authority during an emergency proclamation. (i.e., restrict the governor from unilaterally closing businesses, closing houses of worship, or shutting down freedom of the press and the right to bear arms.)
 
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