McCown: Governor's HPV order is unconstitutional

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http://www.statesman.com/search/content/region/legislature/stories/02/07/7mccown_edit_rs.html

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Under the state constitution, the governor administers the law; the governor doesn't make the law. This principle is textbook civics. Making law is for the Legislature.

With this principle so clear, how can the governor possibly claim the authority to require vaccinations? Well, when the Legislature passes a law, it cannot think of every detail, particularly in our increasingly complex world. To deal with the details, the Legislature often authorizes a state agency to adopt rules. So, in his executive order, the governor hasn't actually required vaccinations; rather, he has ordered a state agency to write a rule requiring vaccinations.

Rules, however, must be consistent with state law and must implement, not expand, the law. To ensure that rules comply with the law, the Legislature requires a state agency to go through a careful process of evaluating its legal authority before adopting a rule. In addition, to ensure that a rule is wise, the Legislature requires a state agency to give the public notice of any proposed rule, give the public a chance to comment, consider the public's comments and provide a written justification for the final rule.
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Now are we going to stand up for democratic principles or not?

This is DU -- the DEMOCRATIC Underground. DEMOCRATIC.

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1. K&R