Checks and balances

Wednesday, Aug. 26, 2009 | 2:09 a.m.

In Gov. Jim Gibbons’ view, the Nevada Constitution can be summarized in one line: “The supreme executive power of this State, shall be vested in a Chief Magistrate who shall be Governor of the State of Nevada.”

Gibbons has trumpeted that clause at every opportunity, most recently in his fight with the Legislature’s Interim Finance Committee, the body that handles financial matters when lawmakers are not in session.

Gibbons wanted the power to spend federal stimulus money without legislative approval. The IFC balked, and the governor threw a temper tantrum, complaining about the slowed stimulus spending and questioning the legality of the IFC. Gibbons then went looking for a legal opinion to support him.

The attorney general’s office gave him cover, deciding that if the governor declares a need to act immediately “for the protection of life or property,” he can spend the federal stimulus money without the Legislature’s approval.

So, Gibbons declared an emergency and went off to spend the money as he sees fit.

Reveling in his “win,” Gibbons has been bashing the Legislature’s Democratic leadership and flaunting his power. As David McGrath Schwartz reported in Tuesday’s Las Vegas Sun, his office has implemented plans the IFC had questioned.

With his actions, Gibbons is setting a terrible precedent. Even though lawmakers have backed off in the fight, Gibbons keeps pushing the matter, threatening to throw the state into a constitutional crisis.

Gibbons might be correct by the letter of the law, but he missed the spirit of the Nevada Constitution. The constitution was based on the federal model of government, complete with a series of checks and balances among three branches of government.

Under his interpretation, Gibbons will be able to declare an emergency any time he wants to bypass the Legislature and the constitutional check on his power.

By throwing his weight around as the “supreme executive power,” Gibbons is making a mockery of the state constitution. He is also providing yet another example of why Nevada needs strong checks and balances.

If his interpretation stands, the state is in serious trouble.