New Bill Would Strip Much Of Governor's Powers In PA

PENNSYLVANIA — A new bill soon to be introduced in the Pennsylvania legislature would further limit the power of the governor to issue executive orders, marking the latest development in one of the contentious issues in state politics since the start of the pandemic.

The legislation, which is sponsored by Republican Speaker of the House Bryan Cutler, would limit the length of any executive order to 21 days. It would also give the General Assembly the power to block any order from the governor with a majority vote.

Cutler says the move is necessary due to the executive orders issued by Gov. Tom Wolf since the start of the pandemic. Republicans argue that Gov. Wolf has used the orders more than past leaders. He has issued 52 executive orders thus far, compared to an average of 16 by his predecessors, they say.

"Our executive branch officials must practice restraint in countenance to the Constitution they swore an oath to support, obey and defend – even when that is difficult," he wrote in a co-sponsorship memorandum.

The legislation would not only limit the governor's powers, however. It would put a significant amount of power back in the hands of the state legislature, which has been Republican controlled for years.

A spokesperson for Wolf's office noted that the state system of separation of powers is identical to the federal separation of powers between Congress, the Supreme Court, and the presidency. She called this effort "legislative overreach."

"These constitutional amendments are a naked power grab by Republicans in the General Assembly, and would completely upend the separation of powers that has guided the commonwealth for its entire history," Press Secretary Elizabeth Rementer told Patch. "This is nothing more than a distraction from the real issues Pennsylvanians are facing that Republicans should be addressing; namely, ending the pandemic by encouraging their constituents to get vaccinated, supporting our workforce and growing our economy."

Rementer added that Wolf has used executive actions on issues she says are widely popular, including improved worker rights, health care reforms, equal pay for women, environmental protection, small business improvements, and more.

The latest measure cannot be passed in time to impact Gov. Wolf's tenure, however, as he is due to leave office when a new governor is elected in 2022.

The move comes just months after Republicans successfully curbed the governor's ability to issue orders during a state of emergency. The matter was put to the public in a series of questions on the May 2021 primary ballot. Those efforts expanded the control of the General Assembly over the governor's emergency declarations and limited the length of an emergency order during a public health crisis.

The issue of unilateral orders from Gov. Wolf has been a testy one since the pandemic began. Republicans have consistently pointed to the governor's decisions, ranging from economic shutdowns and vaccine requirements to mask mandates and school closures, as examples of government overreach.

"Our form of government, and our Constitution, make it clear that neither the executive branch nor any unelected bureaucrat should ever have the unilateral and unchecked authority to issue open-ended orders or regulations," Cutler's memo adds. "To give such limitless discretion would elevate the executive branch’s power above the other two branches of our tripartite government."

The legislation would need to be passed by the House and Senate twice in a row before it could appear on ballots, in 2023 at the soonest, as a referendum.

Companion legislation is being introduced in the senate by State Sen. Ryan P. Aument. Cutler says the resolutions will be introduced in both branches on Nov. 12.