A constitutional or legislative issue? Our view: County board should go to legislature

McLeod County commissioners are hearing from business owners, constituents that the reopening of Minnesota is long overdue, that the draconian impacts of the shutdown threaten the future of their business.
Commissioner Ron Shimanski believes his right to go to church has been impeded. Commissioner Doug Krueger believes the governor’s order has curtailed the right to assemble. County commissioners are rightfully concerned for the welfare of their constituents and are working to improve the situation. That is, after all, why you elected them.
But the resolution they recently passed is not as straightforward as it should be.
The resolution suggests the emergency powers Gov. Tim Walz, a DFLer, implemented and has extended in the name of minimizing the spread and impacts of coronavirus are a violation of the constitutional rights we enjoy as citizens.
In fact, there is nothing in the U.S. Constitution or Minnesota’s Constitution preventing Gov. Walz from using emergency powers, especially if the fact is to protect the general welfare of citizens.
This issue is a legislative matter. If a majority of the members of the Republican-controlled Minnesota Senate and the DFL-led Minnesota House of Representatives vote to end the governor’s state of emergency and his use of emergency powers, the declaration is voided. It’s that simple. County Attorney Michael Junge agreed with that assessment.
What is concerning is people are rightfully up in arms when they hear their constitutional rights are being violated. Commissioners know this all too well. If they don’t know the difference between a constitutional and legislative matter, they should. When commissioners initially discussed this resolution this spring, some noted positive feedback from constituents. Positive feedback based on misinformation is nothing to be thrilled about.
This isn’t the first time the actions of a governor who bypassed lawmakers have been called into question. In 2015, the DFL-controlled Minnesota Legislature challenged the constitutionality of Republican Gov. Tim Pawlenty’s unallotment of $2.7 billion in approved funding. The Minnesota Supreme Court, led by a Pawlenty appointee, said the governor’s unilateral budget cutting crossed the line of constitutionality.
It would be more helpful if DFLers and Republicans in 2020 would spend time working to find common ground for the good of their constituents. Cities anticipated legislation from the special session to cover federal money for repayment of coronavirus-related expenses. They’re still waiting.
Gov. Walz was correct. The special session was a disaster because nothing got done, no reform on police issues, action on the CARES funding or bonding bill that will create jobs in Minnesota.
We all want to see the state’s economy up and running at 100 percent capacity, but the Constitution should not be a football to kick around for favorable political feedback. We have seen as recently as last weekend the impact of reopening the business too soon.
If the county board has a legitimate claim Gov. Walz has violated the Constitution, please feel free to present the case in a real court.
-jm