Letter to My State Senator

 I decided to write a letter to my state senator and delegate.  I mailed it yesterday so obviously, no reply has been received.  If I do get a reply, I'll be sure to post it.

Dear Senator,

I am writing to you about my concerns on the emergency powers given to the Governor of Virginia as spelled out in §44-146.7 of the Code of Virginia.  While I recognize the need for emergency powers, I feel that there needs to be a check on them.  Some would argue that the courts are that check.  Historically, they have been loath to intervene during an emergency.  That may be a pragmatic attitude when the stated emergency is of a short duration and limited to a small geographic area. That is not the case now.  We have an unprecedented emergency order that all but shuts down the economic activity across the Commonwealth. 

I have read the code section cited by the Governor.  My intention was to try and find the limiting principles in the law.  I did not see any.  I was shocked to see that there is no time limit set for an emergency declaration.  I was also dismayed to see that the General Assembly has no role.  This is a terrible combination: 

1. A law that gives the governor broadly defined powers with no time limit. 
2. A legislature cut out of the process beyond simply being notified. 
3. A judiciary that can only act when petitioned by a legal filing.

It is clear that the General Assembly will need to confront the unprecedented exercise and growth of executive authority as defined in the Emergency Services and Disaster Law.  I respectfully would like to submit to you that a time limit be placed on all emergency declarations.  If the Governor wishes to extend the order, he must take it to the General Assembly for approval by a super-majority.  A super-majority may seem like a high bar but if the emergency is such that an extension is crucial, then it is a reasonable standard.  It would also give a higher chance of being a bipartisan agreement.

Thank you for your time and attention to this matter.   This is a crucial debate about future emergency responses, civil liberties, the general power of government, and checks on that power.  I would like to hear your thoughts on this issue.

UPDATE: I did receive a reply.