Indiana Lawmaker to Propose New Checks and Balances on Executive Powers of Governor Eric Holcomb

State Representative Jim Lucas, a previously reluctant defender of Governor Eric Holcomb’s controversial “stay at home” order for Hoosiers in response to the COVID-19 pandemic, wants to implement a new system of checks and balances to limit the scope of Executive Powers in the state of Indiana.

Rep. Lucas posted the following message on his Facebook account Monday morning:

“America and the states are Constitutional Republics. This system is based on checks and balances and ensures that every citizen has a voice in their representation in our government.

Recently, we have experienced an unprecedented reaction to a worldwide health threat and extreme measures were taken to combat this threat. These unprecedented and extreme measures, while appearing to be necessary at the time and based on what was considered credible modeling, have become increasingly harmful to our economy and our way of life. The original models have been drastically reduced to show a much lesser threat to our lives and economy, yet the measures taken based on these original predictions remain in place.

In times like this, it makes sense that emergency powers should be granted to our governor to deal with such emergencies. However, those powers should be limited in both scope and time and remain based on our Constitutional rights.

As this event continues to prolong, the people have less and less direct representation in their government through their elected officials and one person has gained complete control of our state.

I want to make this crystal clear that this is not a personal attack on our governor as a person. However, our form of government never intended, and specifically prevents, for one person or office to have this much power for this long of time. This is the reason for checks and balances and is why I will be introducing legislation next year to address this hazard.

Under current law, the governor is the only one that can call a special session, thus giving that office indefinite powers until our next legislative session. This goes against the foundation of a Constitutional Republican form of government and needs [to be] addressed.

]My legislation will be based on recognizing the need of the governor to maintain emergency powers, but they must be based on the Constitution, as every elected official swore or affirmed an oath to support and uphold both our state and federal Constitutions.

It will also limit to a very short and specific amount of time the declared emergency powers can be decreed, most likely 7 days, before the governor is required to call a special session to gather our state’s duly elected representatives of the people to discuss further actions.

In closing, this legislation is not an attack on our governor but an adherence to the foundational principals of our Constitutional Republic.”

Gov. Holcomb issued a “stay at home” order at the end of March that prevented Hoosiers from venturing outside their homes for non-essential purposes. The order also forced all “non-essential businesses,” as deemed by the state, to shut their doors.

“I’m not happy with the Governor’s orders,” Rep. Lucas told the Hammer and Nigel Show at the time, “but he has full legislative authority to do what he did. Article 10, Section 14-3 (under Indiana Code) gives him full authority to do it.”

The Chicks on the Right and producer Rob Kendall cheered Rep. Lucas’ Facebook statement Monday and offered additional insight. Click below to listen:

https://omny.fm/shows/chicks-on-the-right/a-state-lawmaker-pushes-back