I’ve always said that if state legislatures want to get together and pass some sort of legislation aimed at COVID-19, they can do that. Between the 10th Amendment reserving a lot of control to the states, and the State constitutions themselves, state legislatures can do a lot.
But we have straight tyranny when a governor, by himself, decides he can make up laws on a whim. Even more so when his whims violate existing laws that were actually passed, in the proper way, by the state legislature.
That’s really not how it’s supposed to go.
How did we get to the point where EO’s deal with anything or anybody outside that Executives governed departments?