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Comment by henriquez

An extension of this is the notion of emergency authorities and people’s perception of the weight they carry.

An emergency is an emergent situation, which must be new, evolving, and carry the risk of serious harm. Emergency orders are based upon the idea that executive authority must be wielded to quickly mitigate an emergency situation. But a key attribute of an emergency (by definition) is “new” - if emergency powers are extended month after month then they are based on a situation that is no longer an emergency.

Now before you get angry, consider that we can agree that COVID-19 is a serious threat that requires government action _without_ it necessarily being an emergency or emergent situation. The threat has long since emerged.

Now we have a lot of governors issuing decrees based on emergency authorities that they’ve been using for six months. This is quite simply a conflict with our basic notion of democracy. We do not have rulers, yet our governors are issuing rules purportedly carrying the weight of law with no oversight from legislature.

Whether or not you agree with the orders, I think it’s intuitively likely that you can see how this is essentially a disruption in the relationship between people and their government, and as such it’s at least understandable how many people would feel these orders carry no moral weight (even if they’re not thinking from a legal perspective). And so the existence of gray market gyms and parties is at least understandable, even if we don’t condone such behavior.

parent henriquez 6 years ago

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