LD980 would place several limitations on the powers of the Governor to issue and maintain an emergency proclamation, and specify that a violation by the Governor of the exercise of emergency powers is an impeachable offense.
The Senate passed a motion to defeat LD980 on June 8, 2021, by a vote of 21 to 13. We have assigned pluses to the nays because Article IV, Section 1, of the Maine Constitution vests legislative power in the House of Representatives and the Senate, not the Governor. Each state, under Article IV, Section 4, of the U.S. Constitution, is guaranteed a republican form of government, which requires a limitation and separation of powers.
United States Constitution
Article IV Section 4
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
United States Constitution
Article VI
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
