“I think it’s always good to have other eyes on things and watch what’s going on,” he said. “We are subject to the requirements of the Constitution, so it’s good when other people are looking at it.”
Attorney General Lawrence Wasden’s office, at the behest of Democratic lawmakers, drafted opinions questioning the constitutionality of some bills, including one that provided that the bill limited the powers of a governor in the event of a ’emergency.
This bill states that “declared emergencies shall not restrict the rights of the people of Idaho to work, provide for their families and otherwise contribute to the economy of Idaho.”
The Attorney General’s opinion notes that the provision of the bill potentially prevents “the governor from declaring any kind of disaster emergency and from imposing measures to deal with the emergency that affects anyone’s ability to spend or earn money in the state ”.
Republican Senator Kelly Anthon disputed this opinion.
“A legal opinion which suggests that a governor of a state may, in his sole discretion, declare an emergency and then maintain that declaration of emergency without any limitation, without any checks or balances, and with the powers of this emergency will suspend all state laws. , asks reason, ”he said. “It is absolutely lacking, this analysis is absolutely lacking in any tradition of checks and balances in state government.”
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