To the editor:
Did the governor overreach his authority in his mandates regarding the COVID-19 pandemic?
After researching this issue, I offer this opinion.
By overreaching his authority in this pandemic, the governor has set a precedent for future governors, regardless of political affiliation, to issue executive orders for any issue he deems necessary. Without constitutional authority (both federal and state and his oath of office), he has illegally legislated law and enforced his own laws.
By overreaching his authority, the governor has taken away our life, destroyed our liberties and rendered our properties useless. We cannot have a life under these circumstances whatsoever.
South Carolina Constitution: Article 1, Section 14 says, “In the government of this State the legislative, executive and judicial powers of the government shall be forever separate and distinct from each other, and no person or persons exercising the functions of one of said departments shall assume or discharge the duties of any other.”
The Bill of Attainder is a legislative act that inflicts punishment without trial. It is forbidden by the United States Constitution and the South Carolina Constitution.
The Constitution of the United States: “We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”
Article 1: Section 1. “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
You may consider this power is for the Congress of the United States only, however, all 50 states have adopted this into their state constitution, so all legislative power for the state of South Carolina is vested in the Senate and House of Representatives.
If this is true, then the governor has overstepped his authority.
This should be corrected so that, by reason of setting a precedent, this never happens again.
The governor has no authority to legislate. The legislators were in session since January and had ample time to pass legislation regarding this pandemic.
My conclusion: The governor has violated our constitutional rights; violated the principle of separation of power; violated our constitutional right to religious assembly; imprisoned us in our homes; the only time I can leave is necessity or emergency; taken away our liberties — we have liberty to do nothing; taken away our property, closed our businesses, taken away our jobs — all this in the name of protection.
Without our liberties, what do we have? Not addressing this issue results in a precedent being established. We then give the governor unauthorized authority to establish laws at his discretion.
Here are two examples of what this can lead to.
The governor declares a state of emergency for South Carolina because of a shortfall in the state’s treasury due to the pandemic. He then declares an increase in taxes to cover the shortfall without due process.
Say, for instance, there is a massive shooting and the governor declares a state of emergency. He calls in law enforcement and the National Guard for control.
By setting a precedent of legislating, he can order the confiscation of all guns by force.