Who says we have no say?

Signs of the Times By Mar-Vic Cagurangan

Gov. Leon Guerrero, in a tyrannical fashion, explained what the community could expect after she declared a Covid-triggered public health emergency on March 15, 2020. “The governor has the authority for everything. I can say: ‘You are now under government authority and this is what I want you to do,’” the governor said at a forum hosted by the Guam Medical Association.

“I have the authority to take money. I have the authority to take property. I have the authority to move personnel. Basically, you have no say,” she said.

Her statements foreshadowed what was to come in the next three years. The public health emergency, which came with the governor’s special powers, lasted three years. She unilaterally ran the show, shut down the economy, gave government contracts to the privileged lot, bought votes with federal funds and shooed away the senators who wanted to have a peek at what she was doing.

The Office of Public Accountability’s subsequent audits of federal funds expended by the administration exposed the perils of unchecked powers. Questionable transactions were made, and to this day, no one has been held accountable.

“Basically, you have no say” is a cautionary one-liner that reminds us why we should always be on guard to prevent any potential power abuse. Power can be addictive for those who hold it.

The public health emergency ended in January 2023 after three years of being renewed countless times.

Striking a raw nerve, the governor is now seeking the reinstatement of her nostalgic Covid-era emergency powers to railroad her pet project, a new hospital in Mangilao.

A state of emergency would clear the way for the emergency purchase of property, supplies, professional services and emergency construction work. It would authorize the governor to suspend regulations prescribing procedures for local businesses as well as the orders, rules, and regulations of any government of Guam agency. The governor’s proposed bills would allow her to waive licensing requirements and circumvent procurement rules.

In emergencies that require urgent actions, centralizing the decision-making power makes sense. But are we in an extraordinary emergency that warrants extra powers for the governor?

We can’t use Guam Memorial Hospital as an excuse to reinstate a public emergency declaration, given that the government facility has been in a perpetual “emergency”—before, during, and after every election.

We are wary of emergency powers because they dissolve the separation of powers, the fundamental principle of representative democracy.  It results in executive overreach that could lead to the violation of civil liberties and the suppression of political dissent. The Covid-era government operations around the world, Guam included, have shown us this parade of odiousness.

Ordinarily, emergency power is in place for a limited time. Its purpose is to restore society to its pre-emergency state and return to “normal” as soon as possible. But the pandemic has witnessed unsettling approaches to the use of executive power.

The governor’s proposed bills were “too expansive and too substantive,” Speaker Frank Blas Jr. said after the legislature moved to toss the governor’s bills to the governmental operations committee.

The governor’s request for extra powers necessitates the community’s input, according to Sen. Chris Duenas, the committee chair. We agree.

While the Organic Act allows the legislature to grant the governor extra powers in an emergency, recent history has demonstrated the need for a refreshed look at how executive power is handled.

We acknowledge that, with regulations and power checks, the government faces the challenge of moving with speed. But that’s how a democracy works. Harry S. Truman once said, “When you have an efficient government, you have a dictatorship.”

The balance of power raises the bar for the level of confidence we need to trust that we have a responsible system of government. And the people of Guam need to be part of the discussion, especially when we are dealing with a polarizing question: “Do we need to build a new hospital or focus on GMH?”

Basically, everyone has a say.

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