Governor's HPV Order is Unconstitutional: Austin American-Statesman

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Scott McCown /(512) 320-0222 x 109

February 7, 2007

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Conservatives are complaining about the Governor’s executive order that parents must vaccinate all female children for the Human Papillomavirus (HPV) before the sixth grade. They instinctively feel that the governor has exceeded his authority. The conservatives are right. He has. This is not the first time, though. Just a little more than a year ago, the governor issued an executive order requiring elected school boards to spend 65 percent of their budgets in the classroom. Then, conservatives applauded. Both the vaccination order and the 65 percent order, however, violate the law in the same way. Under our constitution, the governor administers the law; the governor doesn’t make the law. This principle is textbook civics. Making law is for the legislature.