Don't let the emergency declarations become the emergency

Although it seems like a lifetime ago, we've only been at war with the invisible enemy – the COVID-19 virus – for a couple of months. Earliest reports of the novel coronavirus were horrendous – the disease is extremely contagious, and suffering will be unbearable. Americans were told millions would be infected, and hundreds of thousands would die. Terrified, we panicked, and in a matter of days our freedoms were severely curtailed. Life as we knew it ceased to exist.

Suddenly, with little warning, schools closed, sports ended and concerts grew silent. We were forbidden to eat out or visit family and friends. Church pews sat empty, and long-anticipated proms, graduations, and weddings vanished. Millions of people lost their jobs when stores, factories, salons, fitness centers and malls shut down. In order to protect the most vulnerable and save our hospitals from a crushing overload of patients, we hunkered down at home and only made forays out for food, medical needs or essential work. Cities became ghost towns and highways were abandoned.

The virus was first detected in Wuhan, China, in December 2019. On March 11, 2020, the WHO declared it a pandemic, and on March 12 the virus was reported in 47 of our states. The next day, President Trump declared a national emergency. Virtually all states followed suit, with Iowa shutting down on March 17.

National declarations of emergency have been used since 1792 when President Washington needed to control the Whiskey Rebellion. Since the Constitution makes no provisions for emergency declarations, they must be based on previous congressional acts. Until the 1970s, there were no rules regarding the extent of the president's emergency powers or the length of time they could be used. This changed after our entry into the Vietnam conflict, which was based on a decades-old declaration of emergency signed by President Truman to address the Korean conflict. His declaration had never been rescinded.

In 1976, Congress passed the National Emergencies Act, which revoked all declarations currently in effect and set procedures for presidential use of these powers going forward. Today, the President must specify the congressional act upon which the declaration is made, and all such acts will expire in one year without congressional renewal. This brought checks and balances back into the process.

Remarkably, 41 state constitutions put little-to-no restraint on gubernatorial powers during a time of emergency. Half of the state legislatures have no power to reign in the governor's authority when the emergency ends. This means citizens of the state have no recourse against a tyrannical chief executive. Sadly, we see this playing out today as some governors have become drunk with power.

In Michigan, the governor ignored her legislature's call to end the shelter in place order. Instead, she doubled down and extended it through May. On Easter Sunday, the governor of Kentucky sent police to take down license plate numbers and ticket church-goers worshiping in closed cars in the church parking lot. The mayor of Kansas City demanded church attendance records from worship services. California's governor closed over 40 miles of beaches, ignoring city mayors' protests that the gatherings are family units and COVID-19 infections are minimal there. Drones fly overhead in New Jersey to spy on citizens and shout warnings to move apart and practice social distancing. Mothers have been ticketed for allowing play dates, and dads arrested for helping with T-ball practice. Maine's governor extended her shelter in place order for an unbearable six weeks, until July 6.

From coast-to-coast, citizens are protesting – as they should. Some governors have shredded the Constitution and trampled their civil liberties. This is America. This should not be happening. Iowa is one of only five states that never had a shelter in place order. As Gov. Kim Reynolds explained, "The term 'shelter in place' does not mean that any state orders are different from or stronger than what we are doing in Iowa. What matters is the substance of the order, not its name." She has received a great deal of ugly criticism for her stance, but we should applaud her for standing strong to protect our rights.

COVID-19 is real. The danger is real. The threat to our civil liberties is also very real. Attorney General William Barr calls the shelter in place orders 'draconian' and says they need to be reexamined to find other ways people can protect themselves. Iowa has slowly begun the process of opening up. Everyone needs to realize we're in this together and follow guidelines that will keep all of us safe while at the same time preserve our freedom. We cannot allow this crisis to turn America into a police state. Ben Franklin said it best: "Those who would give up essential Liberty to purchase a little temporary Safety deserve neither Liberty nor Safety."

This column was written by Bonnie Ewoldt, of rural Milford. She is a retired teacher, news junkie and freelance writer. Her opinion pieces have appeared online and in newspapers across Iowa and neighboring states. Visit her blog at http://www.bonniesblogbox.wordpress.com.