-Caveat Lector-
January 8, 2002
Governor's 'Emergency'
Power
to Control Your
Lives
The CDC is urging state legislatures to adopt
a Model State Emergency Health Powers Act (EHPA). It is an
unprecedented
assault on the constitutional rights of the
American people, as well as on our fundamental principles
of limited government
and separation of powers. Watch out! EHPA is
coming to your state!
FLASHBACK TO CLINTON HEALTH-CARE
The proposed EHPA would bring about government
takeover of the health industry by the states instead of by
the federal
government. Note that EHPA's principal author
is Lawrence Gostin, a former member of Clinton's
discredited Task Force on
Health Care Reform.
EHPA would give each governor sole discretion
to grant himself far-reaching powers. The state legislature
relinquishes its
power to stop overreaching by the governor
until at least 60 days after his actions. The bill wouldn't
allow the governor to be
reversed just because his actions are
unwarranted, oppressive, or overreacting to the threat.
EHPA also suggests requiring a
vote of the legislature declaring that the risk has disappeared before
the governor co
uld be restrained, something many
legislators would be reluctant to declare.
EMPOWERING GOVERNORS DURING 'EMERGENCIES'
Here are some of the extraordinary powers EHPA would give to each
governor:
1.Control, restrict or prohibit firearms,
2.Seize private property, including food, fuel, and clothing,
3.Impose price controls and rationing
4.Order people out of their homes into dangerous quarantines where
there would be no
guarantee of safety from violence
or contagious disease.
5.Take children from their parents and throw them into public
quarantines managed by
government officials, and
6.Demand that physicians administer certain drugs despite individuals'
objections an
d with no provision for religious
exemptions.
Government authorities would have full access, without meaningful
limitation, to every
one's medical records. If the alleged
emergency turned out to be grossly exaggerated or even a hoax, government
need not ret
urn the private records. EHPA
would grant these powers to governors without any showing of a real
emergency, and mer
ely an isolated case of a serious
disease, or even a misdiagnosis, could trigger the governor's seizure of
power. Withou
t any checks or balances, the governor
would become both doctor and policeman.
COMING TO YOUR STATE!
The CDC and HHS Secretary Tommy Thompson have called for immediate
passage of this bil
l, and Nevada already held a
hearing. As a result of Eagle Forum's criticism, a revised draft of this
bill was issu
ed on December 21, which eliminates
some of the worst provisions.
However, the original bill reveals the totalitarian mindset of those
promoting the bil
l. No public health emergency justifies such
draconian infringements on our liberties.
ACTION ITEM
Urge your legislature to reject the Emergency Health
Powers Act.
CAPITOL SWITCHBOARD (202) 224-3121
E-mail addresses
Read the revised EHPA at:
http://www.publichealthlaw.net/MSEHPA/MSEHPA2.pdf
For more information, go to:
http://www.newsandopinion.com/jonathan/turley1.asp
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Affiliates | Links | ScoreBoard | Eagle Info
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