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Rep. Lower resolution prevents governor’s abuse of power
RELEASE|February 7, 2019

Executive power grab would eliminate three important panels

State Rep. Jim Lower took action this week to block a power grab from the new governor that overstepped the fundamental division of powers between the governor’s office and Legislature.

Lower, of Cedar Lake, said a recent executive order issued by Gov. Gretchen Whitmer would have eliminated three important environmental commissions established in statute by the Legislature last year.

“The separation of powers is fundamental to the operation of our government,” Lower said. “The governor’s executive order overstepped. Blocking the executive order protects the will of the people. She now has the opportunity to correct this mistake so we can move forward together on environmental policy.”

The governor may issue an executive order to organize a state department in any way she sees fit. However, when the executive order contains language with the force of law, the Legislature has the duty to review the order as proposed legislation. The Legislature has the constitutional authority to reject it.

Lower said if the governor’s executive order were allowed to move forward, it would have abolished review committees that provided important oversight of the Department of Environmental Quality and gave citizens long-overdue access to the rule-making process.

“The review committees we established last year increased transparency and accountability in the DEQ. They are especially important for private citizens, who were previously excluded from the rule-making process,” Lower said. “I won’t allow this important process to be abolished by unilateral executive order.”

House Concurrent Resolution 1 was approved by the House Wednesday.

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