Mandates

Government is run best when there is a sufficient separation of powers and actual checks and balances.

It is dangerous when one part of our government seeks to seize control over the other branches and impose its will over the people. Unfortunately we have seen that happen during the pandemic.

The Founding Fathers reasoned that having three co-equal branches of government– each with the ability to temper the others’ ability to become too big– was the best way to guarantee Americans’ freedoms as remained free of an oppressive government.

In fact, the Framers of the Constitution envisioned the Congress would address most of America’s domestic affairs while the President focused on international matters which were limited at the time. Recognizing that the Congress would be most in touch with the People, the Framers addressed the limited powers and responsibilities of the Congress in Article I of the Constitution, while the President’s powers and responsibilities are listed in Article II and the Courts are in Article III.

In New York, our State Constitution follows a similar system where Article I is the people’s “Bill of Rights,” Article II relates to Suffrage, Article III relates to the Legislature; Article IV relates to the Governor; Article V relates to Officers and Civil Departments; and Article VI relates to the Judiciary.

This sequential listing and the powers and responsibilities listed therein, are clear indicators that the Framers of our Federal and State Constitutions envisioned the Legislative Branch to be first among the equal branches of government.

Despite this, throughout time, Presidents and Governors of both parties have usurped the powers meant for the Legislative branches.

In July of 2021, without a public hearing, sworn testimony or debate by Elected Officials from both political parties, President Biden signed an Executive Order to require all federal executive branch workers to be vaccinated. Likewise, despite almost every other nearby state canceling their school mask mandate, New York Governor Hochul waited until March 2022 to end New York’s statewide school mask mandate – and in the summer of 2022, Hochul stated she “reserved the right” to reinstate the mandate in spite of the evidence which shows children are far less likely to acquire and spread covid.

If the President or a Governor wants a long-term rule - law - that affects the freedom of the people, he or she must go through the Legislative Branch. Having locally elected officials weigh in on these matters will ensure that whatever rule is being offered has sufficient “buy-in” from the communities and is subject to public debate. As a Member of Congress, I will support a law that automatically sunsets any Executive Order or Mandate forty-five (45) days after it is issued and bar it from being extended without passing both the House of Representatives and the Senate.