Does the COVID-19 Pandemic Allow the Government Extra Power?
As the effects of the COVID-19 pandemic continue to spread, the McConnell Law Firm, a leading criminal defense law firm in Wichita, Kansas, has received various questions from concerned citizens. Many such questions relate to the limits of the executive powers used to enact widespread restrictions throughout both the state and the country.
What’s Happened
On March 12, 2020, Governor Laura Kelly issued an emergency declaration for the State of Kansas, authorizing state resources and personnel to assist with response and recovery operations in affected counties. Likewise, on March 13, 2020, President Donald Trump also announced a national emergency in response to the coronavirus outbreak.
How the Law Works
According to the McConnell Law Firm founding attorney, Jonathan W. McConnell, “These powers are enumerated by laws enacted by the state and federal legislature in order to enable the president and governor to act quickly during times of crisis.”
Although these actions impose some restrictions on individual movement, these actions simply seek to mitigate the devastating effects of COVID-19 as well as to coordinate local, state, and federal resources to respond effectively.
What We Should Expect
Despite concerns regarding governmental action to block ammunition sales or seize weapons, the state and federal government will undoubtedly be focusing all its efforts on assisting health care providers and addressing economic uncertainties.
“Similar to military authorizations during times of war, these powers are simply being used in an attempt to contain the growing numbers of infections throughout the nation,” said McConnell. “Essentially, these efforts seek to flatten the curve, thereby preventing the hospital systems from being overwhelmed with cases.”
Furthermore, these executive orders often contain exceptions for medical supplies, grocery stores, and other essential services. Once the virus has been contained and the COVID-19 emergency ceases to exist, the restrictions will be lifted, and individuals will be able to resume their normal everyday life once again.
