Greg Hough: Governor doesn't have constitutional power to shut down businesses

To The Daily Sun,

Government overreach is at an unparalleled, unprecedented, and unconstitutional level that I have not seen in my lifetime. The level of lawlessness is so egregious it’s hard to know where to start. Before I make my case, I want to issue a cautionary statement. I urge you to research on your own and not take my word for anything, Take personal responsibility if you think you have been exposed or if you have symptoms. Do what is recommended in those cases. This is my opinion.

It appears that covid19 is real and is here in this state. It also appears that it is, (at the time of writing this) limited in scope and severity in N.H. I am not going to debate the severity or lack of severity of the virus. That is for others to decide. I am going to explain why our government is totally out of whack.

The governor calls for a state of emergency. According to N.H. State RSA 4:45, the governor and the state Legislature have the power to do so. It should be noted that the Legislature can cancel this order, but coincidently days before, the Legislature shut down.

In RSA 4:45, 4:46, and 4:47 there are many powers granted to the governor to deal with the state of emergency. There are many suggestions by other out of state agencies as to the course the governor should be compelled to take in his excellency’s emergency order. That does not give a pass to the governor to ignore our laws and Constitution.

There is NO mention of seizing control of private business or enterprise. In other words the governor does not have the authority to tell the private business how to operate. In his declaration he has given police power to enforce this unconstitutional mandate which deprives our citizens of a host of RIGHTS guaranteed by our state and national constitutions.

By shutting down businesses typically used as social gathering places, and limiting gatherings to under 50 people this violates our constitutional freedoms to assemble, to have freedom of speech, and the redress of grievances. It deprives many of our freedoms notably the right to life, liberty, and the pursuit of happiness by discriminately crushing FREE enterprise, business, and economic prosperity. It must be understood that the means can never justify the end.

If people choose to close up shop that is there business, not the governments. We must be very careful in the practice of giving up freedom in the name of safety or security. To quote Ben Franklin, "Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety."

Gregg Hough

Laconia candidate for

NH State House of Representatives