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Edited on Sat Feb-24-07 11:31 AM by silverlib
This is the most sane explanation of why Rick Perry was wrong - not matter how one feels about the vaccine. (e-mail from David Van Os). Thanks once again to DUer David for explaining it so well...
Rick Perry vs. The Consititution
Yesterday District Judge Stephen Yelenosky of Travis County struck a judicial blow in defense of the Texas Constitution, in ruling that the governor of Texas does not have the power to legislate coal plants into fast-track existence by executive decree.
This is precisely the same issue that is at stake in governor Rick Perry's attempt to mandate HPV vaccinations by executive decree. Our Texas Constitution strictly separates the powers of the Legislative, Judicial, and Executive branches of government from each other. The power to legislate - to enact law - belongs solely to the Legislative branch. The governor, sitting in the Executive branch, does not have the authority to exercise powers of the Legislative branch. Accordingly, he does not have the power to mandate - make a legal requirement enforceable at law - that a vaccine be administered to anyone, without the Legislative branch having first enacted law to such effect.
If the Legislative branch were to have done so, then and only then the Executive branch would have had the responsibility and authority to execute the law by enforcing its implementation. But in the absence of legislative authorization, neither this governor nor any other Texas governor has the power to create law through executive order.
As the father of fourth- and fifth-grade daughters I have a distinct personal interest in the question of whether or not my daughters should have the shots. Speaking personally, Rachel and I don't know yet whether it is wise to have our girls vaccinated. We have an excellent doctor for our daughters; we trust her and we will be consulting with her; then we will do our best to make the best decision we can for our children's health based on all available information. But at this point in time I have no opinion one way or the other about the merits of the question.
I do, however, have a most definite opinion about the Separation of Powers principle of my-our Texas Constitution. We Texans cannot permit the Executive branch of our government to usurp power that does not constitutionally belong to it.
It must be understood that this governor's claim of power to order mandatory HPV vaccinations without legislative authorization is no different from his senior partner George Bush's claim of power to wiretap telephones without warrants, to make up his own rules of law for interrogation and trial of Guantanamo Bay inmates, and to escalate or start wars whenever he sees fit. The apples fall from the same tree. The argument for unspecified executive power to do whatever the chief executive sees fit despite the separation of powers is the same argument arising from the same philosophy.
Dear reader, no matter what may be said about the merits of HPV vaccination, it cannot be allowed to trump our precious Constitutional checks and balances. These checks and balances are bulwarks that protect democracy and civil liberty. The cost of preserving our civil liberty and our democracy is eternal vigilance against any disruption of the Constitutional bulwark. To compromise the checks and balances for what some may deem a good reason today, is to lose them when you may need their protection tomorrow.
David Van Os
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