Proposed Amendment to the Delaware Constitution: Limitation of Emergency Powers
ARTICLE XVII. CONTINUITY OF GOVERNMENTAL OPERATIONS
§ 1. Continuity of state and local governmental operations in periods of emergency.
Section 1. The General Assembly, in order to insure continuity of State and local governmental operations in periods of emergency resulting from enemy attack, terrorism, disease,
accident, or other natural or man-made disaster, shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of
public offices whose immediate succession is not otherwise provided for by this Constitution, of whatever nature and whether filled by election or appointment, the incumbents of
which may become unavailable for carrying on the powers and duties of such offices, and (2) to adopt such other measures as may be necessary and proper for insuring
the continuity of governmental operations. In the exercise of the powers conferred by this section, the General Assembly shall in all respects conform to the requirements of this
Constitution except to the extent that in the judgment of the General Assembly to do so would be impracticable or would cause undue delay.
Section 2. The statutory emergency powers granted to the Governor by the general Assembly shall not be construed to permanently encumber, restrict, curtail or otherwise limit the
rights of Delawareans under any article of the Delaware Constitution.
Section 3. No state of emergency shall be declared or decreed by the Governor except in time of war, insurrection, riot, natural or man-made disaster, plague, pandemic or famine
and its provisions shall be based upon best available science and management.
Section 4. No state of emergency declaration shall endure, persist or remain in force for more than sixty (60) days for a specific occurrence, unless extended by the General Assembly.
Section 5. The Delaware Speaker of the House, President pro-tempore of the Senate and the respective House and Senate majority leaders and whips shall be ex-officio members of
the Governor’s Emergency Task Force or similar configuration in the interest of public safety, good order and constitutional protection.
Introduction to Political Pathogens
The current diseased state of global and domestic politics poses a clear and present threat to public health, well-being and national security. The highly dysfunctional system of its entrenched elements severely stresses the human immune system and perpetuates a highly polarized political/cultural environment that limits individual freedom and economic opportunity, as illustrated in figure-1.
People Making Policy
Immediate withdrawal from the two major parties and re-affiliation with an Independent alternative party supportive of individual
freedom and innovative solutions to our common problems, in conjunction with generous doses of sunshine and fresh air, supple-
mented with constitutional studies and active involvement in civic affairs and public policy, is strongly recommended.
The Independent Party of Delaware acts in the PUBLIC INTEREST as an active and effective antidote to systemic diseases,
commonly associated with special interest controlled two-party closed-loop politics as usual.
Are you concerned about preserving your civil liberties during states of emergency?
WE have a solution:
Figure-1: COVID-19 Primary Political Pathogen Structure
COVID-19: A Threat to Individual Freedom and Constitutional Liberty