Trenton NJ, on March 21st, 2020 NJ Governor Phil Murphy signed Executive Order 107 , denying New Jersey residents their constitutional rights . Governor Murphy justified his decision , “To mitigate the impact of COVID-19 and protect the capacity of New Jersey’s health care system for the state’s most vulnerable, Governor Phil Murphy today signed Executive Order No. 107, directing all residents to stay at home until further notice. The order provides for certain exceptions, such as obtaining essential goods or services, seeking medical attention, visiting family or close friends, reporting to work, or engaging in outdoor activities.”
TRENTON NJ, Assemblyman Ron Dancer is supporting his Republican colleague Brian Bergen’s legislation to put a layer of checks and balances on the governor’s ability to enact emergency executive orders.
“The governor’s ability to unilaterally impose restrictions on the freedoms of our citizens cannot go unchecked,” said Bergen (R-Morris). “One person with near absolute power is dangerous. Governor Murphy doesn’t even have a problem admitting that he doesn’t consider the Bill of Rights. My legislation will ensure that the governor has the ability to take emergency action, but that action must be reviewed and approved by the legislature within 14 days or it will expire.”
Trenton NJ, Governor Phil Murphy and Superintendent of the State Police Colonel Patrick Callahan today announced an Administrative Order clarifying which businesses are permitted to operate and ways in which certain businesses may operate in accordance with Executive Order 107. The Administrative Order states the following:
“This was a bad progressive idea,” said Assemblyman Michael Carroll, a Republican in Morris Plains, N.J. “The U.S. Senate was much more responsive and accountable prior to the amendment because it had to answer to the states.”
Without the 17th Amendment, said Assemblyman Jay Webber, a Republican in Parsippany, N.J., local party officials could exert influence at the national level.
“In a state like New Jersey, where the county party structure is so strong, you could expect to see influence shift to county chairs and other power brokers,” he said. “What they now do at the state level, they could have been in a position to do nationally.”
Although it might change the priorities of New Jersey’s U.S. senators, repeal of the 17th Amendment probably would not significantly change who served, according to Kim Guadagno, the state’s lieutenant governor.
“The Democrats have a significant registration advantage in the state,” she said. “I’m not sure you would see any kind of major change in who became the U.S. senators. But I am glad to see Justice Scalia focus attention on the amendment and what it meant for the country as a whole.”
Scalia said the trend toward using constitutions as lawmaking documents has increased in recent years as special interests have learned to insert “pet projects” into constitutions.
“A constitution is about setting structure; it is not about writing the preferences of special-interest groups,” he said.
In fact, he said, the less done to the Constitution, the better. During the question-and-answer session, someone asked if a constitutional convention would be in the nation’s interests.
“A constitutional convention is a horrible idea,” he said. “This is not a good century to write a constitution.”
