Tennessee Senator Mark Pody of Lebanon is planning to limit the governor’s authority during state emergencies after obtaining an attorney general’s opinion on the separation of powers. Pody expressed concerns about potential infringements on constitutional rights by the governor’s emergency orders, especially after the COVID-19 pandemic. Lawmakers had previously passed bills to restrict emergency orders to 45 days and prohibit mandatory COVID-19 vaccinations. The attorney general’s opinion supported Governor Bill Lee’s authority during emergencies, stating that the legislature can delegate power to the governor as long as it is executive, not legislative, in nature.
Governor Lee had issued multiple executive orders during the pandemic to curb the spread of COVID-19, including restrictions on gatherings, closures of non-essential businesses like barber shops, and encouraging the use of cloth masks. Many of these orders faced backlash from churches, businesses, and lawmakers who felt the measures violated constitutional rights. Despite this, Governor Lee maintained that the powers were clear and did not anticipate any changes in response to Pody’s effort to limit his emergency authority.
Ultimately, the attorney general’s opinion seems to support Governor Lee’s actions during the pandemic, emphasizing the executive branch’s power during emergencies. Pody aims to ensure that the legislature retains constitutional authority during emergencies, particularly in response to future natural disasters. The controversy highlights the ongoing debate over the balance of power between state government branches during crises.
Source
Photo credit tennesseelookout.com
