Letter to the Editor: Kudos to senator for sticking to state constitution

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I wonder how many Delawareans realize that we have a Delaware Constitution, not just a U.S. Constitution. Well, we do! And as a government that abides by our state laws, it is imperative to know and understand that constitution.

Sen. Gerald Hocker, R-Ocean View, is standing up for all Delawareans, regardless of county of residence, by demanding that the governor, John Carney, respect and follow our state constitution. I am so proud to have Sen. Hocker as our 20th District senator, with the conviction, knowledge and bravery to stand up for us and do what is right. Sen. Hocker has co-sponsored a bill, House Bill 49, which states: “During protracted emergencies and disasters, particularly those lasting more than 30 days, good governance requires participation by the General Assembly to approve renewal of Emergency Orders.”

Gov. Carney has extended and extended the state of emergency and has enacted mandate after mandate without the authority to do so. One, a state of emergency does not give the governor any lawmaking authority. As per our Delaware Constitution, during a state of emergency, the governor can only suspend laws. Two, the state of emergency is only for 30 days to allow the General Assembly and the state legislature time to convene, to address any emergency and to make the laws needed, as deemed necessary by the circumstances of the emergency.

Now, we may argue that a mandate ordered by Gov. Carney, such as the indoor mask mandate, may be either good or not, but regardless, I believe all the mandates of Gov. Carney do not have legal standing under Delaware constitutional law. It is up to our Delaware General Assembly — our representatives, with the input of the people, with public hearings — to make such determinations and laws, not the governor.

Therefore, whether you agree or disagree with the benefits of wearing a facial covering in asymptomatic, law-abiding citizens and children, it is not up to Gov. Carney to make it law.

Shame on all who will give up our constitutional rights out of fear, to expedite quick feel-good measures, whether they turn out to be correct or not, beyond a short 30-day period, and to not allow our constitution to prevail as written, to ensure the rule of law and our basic freedoms. To give up one freedom now, out of fear, is to give them all up, one emergency after another. I applaud Sen. Hocker for remembering our laws, our rights, our freedoms. Wear your masks if you like but don’t trample our Delaware Constitution to do it. Thank you, Sen. Hocker!

Michelle Parsons

Dagsboro

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